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Which eviction notice do I use?

There are two main ways of repossessing property let under an assured shorthold tenancy (AST) under the Housing Act 1988:

  • a section 21 notice

  • a section 8 notice

If you want to regain possession of the property on a no-fault basis you need to serve a section 21 notice. This notice is used to regain possession of the property without you needing a reason for wanting the property back. This is the simplest way to get the property back.

If you do not have a ground for eviction (eg serious rent arrears), you should use a Section 21 (Form 6A) notice. For more information, read Repossessing property - section 21 notices.

A Section 8 notice can be served during the fixed term where reasons (known as 'grounds') for possession exist (eg the tenant regularly pays the rent late). It can also be used when the tenant has breached the tenancy by not paying the rent or repairing the property, for example. For more information, read Repossessing property - section 8 notices.

I want to evict a tenant on a rolling tenancy who has failed to pay rent for 2 months. They pay rent monthly. Should I use a section 21 or a section 8 notice?

You can use either a section 21 or section 8 notice. However, if you use a section 21 notice the tenant is legally required to have a minimum notice of 2 months (so they must physically receive the notice 2 months before they have to leave).

If you use a section 8 notice, you only need to give 2 weeks’ notice before you can apply to the court (for grounds 8, 10 and 11). 

For more information, read Ending a periodic tenancy and Tenant eviction.

I've served my tenant with a section 21 notice but they refuse to leave the property. What should I do?

If the tenant doesn't move out after the notice period has expired on the section 21 notice, you'll have to go to court to seek a possession order.

You can use the accelerated possession service, which is quicker as there is no court hearing. However, it can only be used if your tenant has not left by the date specified in the section 21 notice and you're not claiming rent arrears.

My tenant wants to leave before the end of the fixed-term tenancy. Do I have any rights to make them continue to pay rent?

Your tenant is legally obliged to pay rent for the whole of their fixed-term unless there is a break clause, the tenancy is legally surrendered (terminated) or they sublet or assign the lease (with they have your permission and if it's allowed in the agreement).

If the agreement does not mention a break clause and you refuse to accept early termination, your tenant will be contractually obliged to pay the rent for the entire length of the fixed term.

For more information, read Ending your tenancy early.

Does a tenant have to give notice that they are vacating a property at the end of the fixed term?

Normally, it is not necessary for a tenant to give notice at the end of the fixed term of a tenancy. However, there may be some wording in the tenancy agreement that the tenant should provide the landlord with notice (eg 1 month's notice).

I want to evict my tenant using a section 8 notice? How many grounds should I use?

Where applicable, it's common for landlords to rely on multiple grounds of possession.

For example, for rent arrears, landlords typically rely on all applicable grounds for possession (ie grounds 8, 10 and 11).

Ground 8 (the rent is in arrears) is a mandatory ground (the court must grant possession if this ground is proved). However, the tenant can pay off part of the arrears shortly before the hearing, which means the ground can no longer be proved and possession proceedings have to be abandoned.

If you cannot use ground 8, due to insufficient arrears but still wish to seek possession, you can do so using ground 10 and ground 11 (unpaid rent and damages respectively). However, these are 'discretionary grounds' where the court may order possession only if it is 'reasonable' to do so.

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

Do I need to protect the tenant's deposit?

If you decide to take a deposit from the tenant, this must be protected in one of three Government-approved schemes. You must also provide the tenant with prescribed information relating to the deposit within 30 days. Failure to protect the deposit will invalidate any section 21 notice and incur heavy fines against the landlord. For more information, read Deposit protection schemes.

Can I take a holding deposit?

Taking a holding deposit means that the tenant is committed to renting the property and the landlord is committed to renting the property to that tenant subject to checks (eg referencing).

Before accepting a holding deposit, the landlord should confirm in writing (eg in an Initial holding deposit form):

  • how the holding deposit will be used (eg to facilitate reasonable checks)

  • if the holding deposit will be returned to the tenant (the deposit should be returned if the landlord decides not to rent the property)

  • if the holding deposit will be used towards the tenancy deposit or rent

  • if any of the landlord's fees will be taken from it

  • when some of the holding deposit may not be refunded (eg if a tenant gives inaccurate information about themselves)

It is important to remember that a landlord cannot legally keep all of the holding deposit. They will only be able to retain part of the deposit required to compensate for their reasonable costs in preparing for the tenancy. If a landlord refuses to repay the holding deposit, the tenant can take them to court for breaking the agreement.

For more information, read Holding deposits.

My tenant has abandoned the property. How can I lawfully end the tenancy?

Before taking back possession you must be certain that your tenant has abandoned the property. It could be that the tenant is on a long holiday, in the hospital or undergoing a short prison sentence. To gain evidence as to whether or not abandonment has occurred, the landlord can make enquiries by speaking to the neighbours or contacting a relative for information on the tenant’s whereabouts.

If the landlord is certain that the tenant has abandoned the property, they can serve a First warning notice under the Housing and Planning Act 2016. Unpaid rent is a ground for serving a notice to end a tenancy after abandonment. For example, if the tenant pays rent monthly then 2 months’ rent arrears is grounds for eviction after abandonment.

In total three warning notices must be served at the property. If the tenant responds to the notices or repays any rent, the abandonment procedure ceases.

For more information, read Tenant abandonment.

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