Received a Section 21 or Section 8 Eviction Notice?
Posted on 12th January 2022
Landlords owning rental property have the right to evict their tenants providing the correct steps are taken.
Section 21 notice of seeking possession
A landlord can use a Section 21 notice to evict tenants either:
after a fixed term tenancy ends - if there’s a written contract
during a tenancy with no fixed end date - known as a ‘periodic’ or rolling tenancy
How much notice are you entitled to receive?
In England, a Section 21 notice must give you at least 2 months’ notice to leave the property.
In England, you may be entitled to a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.
Section 8 notice of seeking possession
A landlord can issue a Section 8 if you have broken the terms of your tenancy. To give you notice using a Section 8, the landlord must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. The landlord must specify on the notice which terms of the tenancy you have broken.
In England, a Section 8 notice must give your tenants at least 2 months’ notice to leave your property.
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