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TENANT EVICTION: SECTION 21 OR SECTION 8

August 9, 2017 10:36 am
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TENANT EVICTION: SECTION 21 OR SECTION 8

 

Have you ever been in a situation where you had to make a decision about evicting your tenant? If yes, do you know how to handle it in a professional manner in line with the UK legislation?

 

You do not need to worry about it anymore, as we are here for you and we know how to act in such situations.

 

A Section 21 notice, which is also called a ‘no fault notice’, can be served on the Tenant at the end of the fixed term contract i.e. an Assured Shorthold Tenancy Agreement in order to regain the possession on the last day of a fixed term contract or afterwards when tenancy turns into month-to-month rolling contract i.e. periodic tenancy. A Section 21 notice can be served on a Tenant without any reason, by giving a Tenant at least two months’ notice to vacate a property. This is because you as a Landlord have all rights to regain possession once an agreement comes to an end. Should a Tenant not vacate from a property as requested, then you can take further legal steps to resolve it through the Court.

 

In comparison to a Section 21 notice, a Section 8 notice, which is also called a ‘fault notice’, can be served on a Tenant when he or she is in breach of contract at any time during tenancy. The most common reason for issuing Section 8 is rent arrears. Once a Tenant falls into arrears, there are three grounds 8, 10 and 11 that can be used in order to regain possession. Ground 8 is a mandatory ground, whereas grounds 10 and 11 are discretionary grounds. However, it is recommended to cite all of the aforementioned grounds in conjunction. Once a Section 8 notice is served by using any of those grounds, a Tenant has two weeks to bring an account up to date or to vacate a property. Should a Tenant not pay his/her debt and stay in a property, then you can take further legal action to resolve it through the Court.

 

Our experienced team plus qualified solicitors, whom Thornley Groves cooperates with, will help you to handle an eviction process properly. If you are already a Landlord of ours and need help, feel free to give our Accounts Department a call. If you would like our services but we do not manage your property then feel free to call the Accounts department and get yourselves managed by Thornley Groves.

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