Landlord & Tenant
are two types of notices which are commonly known as a
section 8 and a section 21 notice.
Section 21- Notice of Possession Order
When you rent out a property, a landlord should give
to the tenant a section 21 notice. This will allow the
landlord to terminate an Assured Shorthold Tenancy
Agreement in England or Wales at the end of the fixed
term. The landlord must serve a Section 21 Possession
Notice on the tenant and must give the tenant a
minimum of two months' notice.
In the case of an assured shorthold tenancy the
landlord simply needs to show that the tenancy has
ended and that the Section 21 notice has been served
and has expired. A landlord does not need to establish
any ground for possession of the property.
If possession is sought by the landlord during the
fixed term of the tenancy agreement then it can only
be obtained if a breach of contract has been proved. A
section 8 notice will have to be applied for in these
Section 8- Possession Notice
A Section 8 notice should be used in instances where
the tenancy has a long period to run, or where you do
not have a signed Assured Short hold tenancy
agreement, or where the tenant is in breach, or you
are not allowed to issue a Section 21 Notice.
Section 8 notices are commonly used where there are
rent arrears or where the tenant has breached the
terms of the tenancy agreement, such as damage to the
being a nuisance to the neighbours
A section 8 notice is a legal notification to the
tenant to correct the breach. If the tenant does not
correct the breach, the landlord can then apply to the
Court for remedy. The Landlord may also choose to
serve a section 21 notice at the same time in order to
bring the tenancy to an end.
At Greenfields Solicitors, we can take the stress out
of possession proceedings by offering a fast,
dedicated and professional service to any landlords
who is seeking possession of their properties. We will
prepare all paperwork for you, including issuing an
application to the court and arranging for a lawyer to
represent you at court. Our aim is for you to have
minimal disruption in trying to achieve your aim as we
will take on the responsibility for your case. We will
keep you informed throughout your matter for your
peace of mind.
legal excellence, think Greenfields Solicitors.