When it comes to evicting tenants, a landlord has several options, but which option a landlord will take depends on a variety of factors.
The main two routes involve serving a Section 8 or 21 Notice on the tenant, but a landlord may be restricted to one route. Which route is best for you?
A Section 8 Notice can be used when the landlord can rely on certain grounds which are outlined by the legislation for this area. As an example, where rent is payable monthly, a tenant can be served 2 weeks’ notice when they are in at least two months’ rent arrears.
There are a number of other grounds that can be used with differing notice periods.
It is important to also consider whether you are relying on a mandatory or discretionary ground. For the latter, there is no guarantee that you will be successful at Trial as you are reliant on the Court’s discretion.
In contrast, for Section 21 Notices you do not need to prove a ground, and this is often considered the “faultless notice”. Currently, a landlord must give the tenant 2 months’ notice to vacate the property.
As you do not need to prove a ground, there are several strict conditions that must be met before serving a Section 21 Notice. This is important as failure to comply will result in the Notice being invalid.
There are a number of avenues available to a landlord but which one to take will depend on the individual circumstances.
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