In England and Wales, landlords can use a Section 21 Notice (Fixed or Periodic) or Section 8 Notice to evict a tenant.
What is a Section 21 Notice Letter?
A Section 21 Notice, also known as a Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over.
What is the difference between a fixed and periodic tenancy?
A fixed term tenancy has a specific end date (e.g. May 30).
A periodic tenancy has no end date and automatically renews every week or month.
A tenant can begin a tenancy for a fixed or periodic term. If neither party chooses to end a tenancy after a fixed term expires, it automatically rolls into a periodic tenancy.
Who should use a Section 21 Eviction Notice?
A Section 21 Notice is typically used by a landlord to terminate a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling after the term has expired.
What does a Section 21 Eviction Notice include?
A Section 21 Notice includes the following information:
- Name, address, and phone number of the landlord
- Name and address of the tenant
- Date the notice is served
- Date of repossession
- Reference to Section 21 of the Housing Act
What is a Section 8 Notice?
A Section 8 Notice, also referred to as a Section 8 Possession Notice, is used by landlords to terminate an Assured Shorthold Tenancy before the fixed term has ended.
When can I use a Section 8 Eviction Notice?
A Section 8 Notice can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the grounds for eviction. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.
What is the difference between mandatory and discretionary grounds for eviction?
If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective, and the possession order is granted at the court's discretion.
What does a Section 8 Possession Notice include?
A Section 8 Notice includes the following information:
- Name and address of both the landlord and tenant
- Date the notice is served
- Repossession date
- The statutory grounds that the tenant violated
- Reference to Section 8 of the Housing Act