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Types of Notice

SPEAK TO THE EXPERTS

Section 21 notice procedure:

If you want to evict your tenant from an assured shorthold tenancy you can use something called the Section 21 notice procedure.  If you use this procedure you do not need to prove a reason. 

If you use the correct procedures and issue a valid notice, the courts have no choice and must grant a possession order regardless of the circumstances. Legally the tenant does not have to leave until you have obtained an eviction warrant.  However if you have to apply for a possession order and a warrant then you can hold the tenant liable for the costs of applying for them. 

As of 1st October 2015, new provisions came into force in respect of Section 21 notices.  The provisions of the Deregulation Act 2015 and The Assured Shorthold Tenancy Notices and Prescribed Requirements effectively introduced new requirements for serving a valid Section 21 notice for tenancies that started on or after 01 October 2015.  We will ensure that all the legal requirements are met when serving the notice.

Section 8 notice procedure:

You can also lawfully evict your tenant if you can prove a Ground (reason) for possession.

We can serve your tenant with a section 8 notice of at least two weeks.  The Grounds that can be used are set out in Schedule 2 of the Housing Act 1988 - They are divided into eight mandatory and 10 discretionary Grounds.  Mandatory grounds for possession means, if they are proved, the judge has to grant possession.  Discretionary means that not only must the ground be satisfied, but the judge has to be convinced that it is reasonable to grant possession before giving an order.