1. Identify the correct notice procedure to evict a tenant
When evicting a tenant, the first step is to identify the type of tenancy agreement the tenant holds. Assured shorthold tenancies (ASTs) are the most common type of tenancy in the UK. Therefore, ASTs are the focus of this article.
A tenancy is an AST if the following applies:
- The tenancy started on (or after) 15 January 1989.
- The property is the tenant’s sole accommodation.
- The landlord doesn’t live in the property.
Under assured shorthold tenancy, there are two types of notice period which are as follows:
Section 21 notices
In short, a Section 21 notice is when a landlord can evict a tenant without providing a reason.
Section 21 notice evictions are known as ‘no-fault’ evictions. This type of eviction usually provides a two-month notice period to a tenant. A landlord can only carry out this type of eviction when a tenant’s fixed-term tenancy has ended, or if the tenancy is open-ended.
Although a landlord can serve a Section 21 notice during a tenants fixed term period. But, the notice can only be served during this time if the notice period ends after the fixed term.
For more information on Section 21 notices, please visit our Section 21 notices page.
Section 8 notices
Unlike a Section 21 notice, a Section 8 notice is served when a tenant has broken the terms and conditions of their tenancy contract.
However, our solicitors usually advise evicting a tenant using a Section 21 notice rather than a Section 8. The reason for this is on average a Section 8 notice is more expensive to serve than a Section 21.
A Section 8 notice is more costly because a landlord provides a tenant with a reason for their eviction. Laying out the grounds for a tenant’s eviction makes it more likely for the grounds to be contested. A tenant contesting will force the matter to court as a landlord will have to apply for a possession order.