The eviction process can be very complicated and missing one small detail could potentially lead to your eviction being invalid or illegal. This is especially true with more complicated cases. Tenants on assured shorthold tenancies are provided with greater protection from illegal evictions and it's important that you get the process right.
In order for your eviction to be valid, you must follow set rules and procedures. Our lawyers can provide the assistance and expertise needed in order to ensure you comply with the law.
Whether you have a tenant who isn’t paying rent, causing damage to the property or you want your property back in order to sell, as a landlord you need to give your tenants a legal notice, either a section 21 notice or a section 8 notice, to vacate your property. This means choosing the right type of notice, giving the correct notice period and serving it correctly.
Our lawyers can provide you with assistance in reposessing your property.
A section 21 notice, also known as a 'no-fault' eviction notice, is the form the landlords muse use to start the process the evict a tenant. It is normally used once the fixed-term of the tenancy has expired and the landlord does not need to provide a reason for wanting to evict the tenant.
A section 8 notice is an eviction notice that can only be used in limited and specific legal situations. These are normally where the tenant is in breach of their tenancy agreement (eg by not paying rent or by damaging the property) or the landlord wants to use the property as their main residence). There are 17 legal grounds available for the landlord to use if they apply.
Both notices require the landlord to provide a notice period for the tenant to leave. The section 21 notice requires at least 2 months' notice, whereas the section 8 notice can vary between 2 weeks' and 2 months' notice.
If the notice period has expired, but they still haven’t left the property, a court would need to order them to leave. This means you will need to initiate court proceedings to obtain a possession order to regain the property.
We can help you by preparing and issuing court proceedings for you, as well as filing paperwork at court.