Notice Seeking Possession (Section 8/21)
Service of a notice seeking possession is the first stage in evicting a tenant. The notice must be completed correctly and served properly to prevent delays in any subsequent possession proceedings and to avoid having to start the process again.
Landlords can serve one of two notices. A section 8 notice, which is a 14-day notice or a section 21 notice (also known as a no-fault notice) which is a 2-month notice.
Service of a section 8 notice typically takes place when the tenant is in arrears or has breached the terms of the tenancy in another way. The notice will specify which of the 17 grounds for possession the landlord is citing for eviction, and will also include the earliest date that possession proceedings can be commenced.
Service of a Section 21 notice informs the tenant that their landlord requires them to leave the property after the date specified. However, it is important to note that this date cannot be within the fixed term of the tenancy. The notice, also known as a no-fault notice, does not need to include reasons for seeking possession and can be served even when the tenant is not in breach of the tenancy.
If your tenancy started after 1st October 2015, there are a number of requirements that you now need to comply with to serve a valid Section 21 notice.
Landlords must have:
- Provided the tenant with a gas safety certificate and energy performance certificate,
- Provided the latest copy of the how to rent guide, and,
- Protected the deposit in one of the approved deposit schemes and the prescribed information given to the tenant.
We understand that evicting tenants can be a stressful and complicated process which is why our dedicated team can prepare and serve your tenant with the right notice for a one-off fixed fee.