Possession

There are two types of notices which landlords can use to evict tenants if they are not paying rent, or the tenants are causing damage to the property or being a nuisance to neighbours. A Section 8 and Section 21 allow landlords to gain possession of their property again.

What is a Section 8 notice?

A section 8 notice can be issued only when a tenant violates the terms of their tenancy agreement. Typically, this refers to rent arrears. The Housing Act of 1988 provides several circumstances on which a landlord may seek possession of the property before the fixed term of the tenancy expires.

When is a Section issued?

A Section 8 possession notice is simply an eviction notice, they can be issued at any time during a tenancy period if there is legal ground for eviction. There are many grounds on which a tenant can be issued a Section 8 notice these include but not limited to:

• The tenant is in rent arrears of at least two months or more
• The house is being repossessed by the mortgage lender; the landlord is required to inform the tenant
• The tenant has breached the terms of the tenancy agreement
• The tenant is causing a nuisance to neighbours
• The tenant or someone living with them has damaged the property

What is a Section 21?  

A Section 21 is used by landlords in England and Wales to evict tenants and gain possession to their property at the end of a fixed term assured shorthold tenancy.

When is a Section 21 issued?

A Section 21 possession notice can be issued at any time after the tenancy has started, however the notice cannot end earlier than the end of the fixed term. Landlords must give tenants a minimum of 2 month notice in writing.

Are you a landlord wanting to gain possession to your property?

If you want to serve your tenant a Section 8 or Section 21 notice call us on 0161 798 9000.