As a landlord, there may be times when you need to give your residential tenants a notice to vacate your property. This may be because their tenancy is coming to the end of its term, because you need your property back from a tenant on a rolling tenancy, or when a tenant has breached the tenancy agreement 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 two ways of repossessing property - section 21 and section 8 notice.
You should use this 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 also 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 the tenancy on a no-fault basis.
If the tenant and property are located in England you should use a Section 21 (Form 6A) notice in England.
If the tenant and property are located in Wales you should use a Section 21 notice for Wales.
You can use 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.
Using the correct notice will help to ensure that you take possession of the property safely and legally.
These eviction notices should not be used in Scotland. If you require an eviction notice for Scotland, Ask a lawyer.
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, two weeks notice is required for grounds 8, 10 and 11.
Please note that from 1 August 2021 the eviction notice period in England will typically be two months, unless in extreme circumstances (eg anti-social behaviour or rent arrears of at least four months). Where the latter is the case, at least four week’s notice must be given.
From 1 October 2021 notice periods are expected to return to the usual notice periods (eg 2 weeks’ notice for section 8 notices relying on ground 8 and 2 months’ notice for section 21 notices).
In Wales, until 30 September 2021, you must typically give the tenants at least six months’ notice under the Coronavirus Act 2020.
For further information, read Tenant eviction.
The Act has increased the notice period required for section 8 and section 21 eviction notices.
In Wales, until 30 September 2021, this means that in most cases you will need to give your tenant at least six months’ notice, except for in extreme circumstances (eg anti-social behaviour).
In England, from 1 August 2021, this means that in most cases you will need to give your tenant at least two months’ notice, except for in extreme circumstances. The main exception to this is where the tenant is in more than four months' rent arrears and you wish to evict them using a section 8 notice. Where this is the case, you must give the tenant at least four weeks' notice.
If the tenants don’t leave the property by the date specified in the notice, then you can apply to the court for a possession order. You can’t force your tenants to leave without a court order.
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