MAKE YOUR FREE Eviction notice

As a landlord, there may be times when you need to give your residential tenants (known as ‘contract holders’ in Wales) notice to vacate your property. For the avoidance of doubt, references to ‘tenants’ also apply to ‘contract holders’ unless otherwise specified.

Landlords may need to repossess their property because:

• the tenancy is coming to the end of its term

• they need your property back from a tenant on a rolling (ie periodic) tenancy

• a tenant has breached the tenancy agreement (eg by causing damage or not paying their rent)

An eviction notice informs tenants that their tenancy is going to end and the landlord is going to take repossession of the property.

In these situations make sure you use the correct eviction notice to vacate to legally evict tenants as there are different types of notices.

Use these eviction notices when you want to regain possession of your property. Answer a few simple questions to create your eviction notice.

There are various ways of repossessing property - including section 21 and section 8 notices in England and Section 173 and 188/182 notices in Wales. Using the correct eviction notice template will help to ensure that you take possession of the property safely and legally.

England - section 21 notice

You should use a Section 21 notice (known as 'Form 6A' in England) to gain possession of a rented property when the property is let under an assured shorthold tenancy (AST).

You can use a section 21 notice for a rolling tenancy when the tenant has failed to pay rent for several months. You can also serve a section 21 notice if you want to end a tenancy on a no-fault basis (eg after the end of a fixed-term tenancy).

England - section 8 notice

You can use a Section 8 notice to evict tenants who are in breach of their tenancy agreement. It can be served during the fixed-term where there are specific reasons. These are also known as 'grounds' for possession. These include situations where tenants have not paid their rent or caused damage to the property, for example. You can rely on multiple grounds of possession for rent arrears, if applicable.

Wales - section 173 notice

You should use a Section 173 notice to end a periodic standard contract. You can generally only use a section 173 notice to end a contract after the first 6 months and when you have not broken your responsibilities as a landlord.

Wales - section 188 or 182 notice

You can use a Section 188 notice to end a fixed-term standard contract for serious rent arrears. Similarly, you can use a Section 182 notice to end a periodic standard contract for serious rent arrears. Whether rent arrears is serious depends on when the rent is paid. For example, for monthly contracts, at least 2 months’ rent must be unpaid. Read Repossessing property in Wales to find out more.

Scotland

In Scotland, tenants can only be evicted if at least one of 18 eviction grounds applies.

These eviction notices should not be used in Scotland. If you require an eviction notice for Scotland, Ask a lawyer.

This will depend on where the property is located and the type of notice you are using to end the tenancy.

England

If you use a section 21 notice, you must give the tenant a minimum notice of 2 months. This means the tenant must physically receive the notice 2 months before they have to move out.

If you use a section 8 notice this will depend on the ground you base the notice on. For example, 2 weeks' notice is required for grounds 8, 10 and 11.

For more information, read Repossessing property - section 21 notices and Repossessing property - section 8 notices.

Wales

If you use a section 173 notice, you must typically give contract holders at least 6 months’ notice. 

If you use a section 188 or 182 notice, you have to give contract holders at least 14 days’ notice of your intention to start a repossession claim. If the contract holder has not moved out after the notice period (and rent continues to be owed), you can apply to the courts for a possession order. 

For more information, read Repossessing property in Wales.

For more information on repossessions in general, read Tenant eviction.