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There 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 circumstances.

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 property or 
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. 

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