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How To Evict A Tenant -- The Options
There are two options available to you if you are looking to evict a Tenant:-
How To Evict A Tenant -- A Section 8 Eviction
Section 8, also known as Notice to Quit, is served when a Tenant has breached one or more of the terms of their Tenancy Agreement.
There are a number of Grounds available to the Landlord but the most frequently used ground is rent arrears.
However, please note that to rely on Ground 8 : rent arrears, your tenant MUST be in arrears of at least the equivalent of two months’ rent. In addition, if the Tenant reduces their arrears to below the required threshold within the period of issuing the section 8 and the court hearing then the Section 8 becomes invalid and possession will not be granted by the Court.
One notable point to make is that two weeks’ notice need only be given to the Tenant to vacate the property if serving notice for rent arrears under Ground 8. All other grounds require two months’ notice to be given.
How To Evict A Tenant -- A Section 21 Eviction
Section 21, also known as Notice of Possession, can be served without reason by the Landlord. However, it cannot be served within the first 4 months of the Tenancy Agreement or within the first 4 months of a renewal. The notice cannot end before the fixed term and is valid for only six months.
Assured Shorthold Tenancy Agreements commencing on/after 1st October 2015 are subject to the new Regulations relating to the issuing of the Section 21 Notice for Possession.
Please note that you cannot issue a Section 21 Notice unless you have provided the Tenant with a valid gas safety certificate, an AST (assured shorthold tenancy), a copy of the EPC and a copy of the up to date “How to rent” Booklet. If a deposit has been taken that must also have been secured in a Government Approved Scheme within 30 days of receipt and the prescribed information supplied to the Tenant.
As from 1 October 2018 the regulations will apply to ALL Assured Shorthold Tenancy Agreements.
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My name is Carol O’ Leary. I am a lawyer who specialises in legal services for landlords. We aim to provide our clients with an outstanding legal service.
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