Top Tips

  • Your tenant has to be in arrears by at least 2 months before you can serve a notice
  • If you want your property back after a tenancy, you need to serve the notice 2 months before it ends
  • To evict your tenants, you must serve either a Section 8 or Section 21 notice – otherwise it is illegal

You want the property back
The most straight-forward ground for eviction is simply that you want the property back when the tenancy has ended. To do this, all you need to do is serve a section 21 notice (“notice to quit”) two months before the end of the tenancy agreement. You can also serve the Section 21 notice if tenants are on a periodic tenancy. Tenants automatically roll onto a periodic tenancy agreement if they stay in the property beyond the duration of the current tenancy, without signing a new agreement. If they are on a periodic tenancy agreement – you can serve the notice at any time.

You want to renovate the property
If you need to renovate the property during the tenancy then you need to serve the Section 8 notice instead of the section 21. In this case it has to be proved that the tenants have to leave for the work to be carried. If this is proved, the section 8 notice will be granted – however, you will have to pay for the tenant’s removal costs.

Rent arrears
The most common event that causes landlords to evict their tenants is rent arrears. However, if you are thinking of evicting your tenants because they have fallen behind with the rent – they need to be in arrears by two months. If your tenants are behind with their rent you need to serve them with a Section 8 notice. If paperwork is correct, the tenant cannot prevent you from obtaining a possession order. However, if the tenant is persistently late in paying the rent, then you need to serve the section 8 notice. But in this case it will be at the discretion of the court.

Damage to the property
During most tenancies there will be an element of wear and tear, and you have to be prepared for this. However, damage to the property can sometimes go beyond simply wear and tear and cause damage to the interior or in rare cases structural damage to the property. If this is the case, then you’ll need to serve the Section 8 notice.

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Related posts:

  1. Dealing With Tenants Who Default On Rent
  2. Case studies on Possession Notices and Proceedings
  3. Landlord Law Legal help from a solicitor on the internet
  4. Landlord Law Top Ten Tips
  5. Landlord Advice for Problem Tenants –Eviction

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