When it comes to eviction procedures in the UK, you will find 2 commonplace approaches to go about it: Giving a Section 21 Notice or serving a Section 8 Notice. However, serving those eviction notices might result in quite a few problems for property owners. Frequently it could happen that the improper kind of eviction notice is served to a tenant – which will lead to unfavorable consequences. When such errors happen, the complete eviction process may be slowed. It will help greatly when property owners understand the differences in order to avoid such problems – we will demonstrate the distinctions between those notices.
When A Section 21 Notice Is Correct
The most used of all those notices, these types of notices may be made by a property owner when she or he would like to terminate the tenancy. Giving a Section 21 notice can be quite a quite straight-forward procedure. You will find 2 principal types for this sort that happen to be fixed term Section 21 Notice and periodic Section 21 Notice. Fixed term is usually made in case the tenancy is still active and ongoing. By comparison, the latter should be made when the agreement with the tenant has concluded, but she or he still lives in the home.
Section 8 Notice
The purpose is usually that the landlord can claim back possession of a property. You can base your claim regarding possession on a number of reasons, that happen to be separated into mandatory and discretionary. Mandatory grounds are usually more powerful: In case a legal court deems that these apply, then a tenant will have to immediately relinquish possession. Discretionary grounds result in the eviction case more difficult, the outcome is not necessarily clear and may depend upon quite a few factors that need to be looked into first. Reasons pertaining to rent arrears usually weigh heavy in the judge’s decision.
What Notice Must I Serve?
For most circumstances, you’ll probably use a Section 21 Notice. A Section 8 Notice is going to be made if the tenant didn’t pay rent. The notice you deliver will depend entirely on your situation. In situations where a standard tenancy concluded and the landlord demands the premises, that’s where a Section 21 Notice must be used. Note that you should allow for a 2 months leeway for your tenant if you need to end a tenancy following the initial six months. It can be important that the notice you serve quotes the right dates, in any other case it may be regarded as incorrect.
Eviction Notice Needs To Be Delivered Ahead Of Time
A Section 21 Notice for possession needs to get to the tenant ahead of his or her next rental payment date. Following this day, the period of notice is usually 8 weeks in which the tenant needs to vacate. In other words, it could be expected that the premises will be available two months after serving the notice, except in cases where the tenant is leaving prior to the due date stated. Then again it is not uncommon that it’ll take around three months before the premises can be reclaimed again. Since a Section 8 Notice usually requires a judge’s decision it will take much longer: 3 or more months can be possible in these instances.