This Possession Notice is usually used where alleged breaches of the tenancy are relied upon for possession. The most common breaches are rent arrears, nuisance or damage to the property. Usually, a landlord only needs to provide two weeks notice to the tenant before Court action can be commenced. However, should the tenant rectify the problems possession may not always be obtained.
Call us on 03335 770 114 or Email Us to arrange a Section 8 Notice
Misah V Yousef 
In this Court of Appeal case the landlord’s notice was correct – apart from the wording of ground 8 set out in the notice. The wording in the notice said the “rent owed” whereas the wording in the statute is “rent lawfully due”.
In this case the landlord was lucky – the Court of Appeal held that the notice was valid.
The reason given was that it only needed to convey the substance of the statutory ground and rent could not be owed unless it was lawfully due.
However although the landlord won his case, this was only after an expensive Court of Appeal claim. If only they had cited the act correctly in the first place, the case would have been won a long time ago and the tenant evicted.
Section 21 Notice
Section 21 Notice
This is the most common form of notice used when a tenancy comes to an end. A landlord does not need to specify any reasons or alleged breaches of the tenancy in order to regain possession of the property. Usually, the landlord will have to provide a two month period of notice to the tenant, (sometimes it can be longer). We will work out the earliest dates for you from the information you provide.
Common Defences to Section 21 Proceedings
There is no point in serving a notice unless you can prove it. In fact if you have a tenant who is prepared to lie about it, if you can’t prove you served your notice, you might just as well not have served it at all.
It’s easy for tenants to defend when you issue a claim for possession, your tenant will be sent a defence form by the court. It is very easy for them to just send that form back saying that they never received the section 21 notice.
If this happens, unless you can prove that the notice WAS served, your whole claim will fail, as service of a section 21 notice is an essential part of the section 21 procedure.
If you are not able to serve the notice yourself – maybe you live in another part of the country, or want to avoid a confrontation – you can use a process server.
This is our recommended choice, and they will also provide a certificate of service you can use at court. Being a professional their evidence is not normally going to be disbelieved by the Judge. Ask us about this option
Call us on 03335 770 114 or Email Us to arrange a Section 21 Notice
Some landlords choose to issue both notices. The advantage of this option is that proceedings can usually be commenced sooner under the Section 8 Notice. However, should the tenant rectify the problem and the Section 8 Notice would not allow the landlord to obtain possession, the landlord can still rely on the safety net of the Section 21 Notice.
Call us on 03335 770 114 or Email Us to arrange a Combined Notice
Although there is no statutory requirement to end a House and Flat Share or Lodger Agreement, it is always recommended that a formal notice in writing is used. The reason for this is simply to remove the possibility of disputes as to the length of notice and the time it was given if the original agreement provides for a set notice period. We will draft and serve this formal notice on your behalf.
If you do not evict your tenants using ‘due process’ as it is called, this is both a criminal offence (which means you can be prosecuted and fined or imprisoned) and a civil wrong – meaning your tenant can sue you for compensation and an injunction letting them back in again. The Legislation which deals with all this is the Protection from Eviction Act 1977, and it covers not only tenants but also licensees.
There are a few ‘excluded occupier’ types where you do not need to get a possession order, the most important being lodger situations where the landlord lives in the same property and shares living accommodation.
Call us on 03335 770 114 or Email Us to discuss the correct way to proceed with your eviction.