You can evict tenants who have an assured shorthold tenancy using a Section 21 or Section 8 notice, or both.
Use a Section 8 notice if your tenants have broken the terms of the tenancy.
Before serving notice, try to resolve any disputes with your tenant instead. For example, work with your tenant to manage rent arrears or agree a rent repayment plan if they have rent arrears.
When you serve a notice, you may want to let your tenant know they can get free legal advice from the Housing Loss Prevention Advice Service.
Section 21 notice of seeking possession
You can use a Section 21 notice to evict your tenants either:
- after a fixed term tenancy ends - if there’s a written contract
- during a tenancy with no fixed end date - known as a ‘periodic’ tenancy
You can get legal advice if you do not know which notice to give.
When you cannot use a Section 21 notice
You cannot use a Section 21 notice if any of the following apply:
- it’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this
- the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
- the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme
- the council has served an improvement notice on the property in the last 6 months
- the council has served a notice in the last 6 months that says it will do emergency works on the property
- you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019
You also cannot use a Section 21 notice if you have not given the tenants copies of:
- the property’s Energy Performance Certificate
- the government’s ‘How to rent’ guide
- a current gas safety certificate for the property, if gas is installed
You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.
You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.
Giving tenants a Section 21 notice
You must use form 6a, or you can write your own Section 21 notice that includes the same information.
How much notice you need to give
A Section 21 notice must give your tenants at least 2 months’ notice to leave your property.
You may need to give a longer notice period if you have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if your tenant pays rent every 3 months, you must give 3 months’ notice.
Section 8 notice of seeking possession
To give your tenants notice using a Section 8, you must fill in a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’. Specify on the notice which terms of the tenancy they’ve broken.
You can give between 2 weeks’ and 2 months’ notice depending on which terms they’ve broken.
You can get legal advice on how to fill in a Section 8 with the correct notice periods and how to give it to your tenants.
After you give notice
Keep proof that you gave notice to your tenants - either:
- fill in the certification of service form (N215)
- write “served by [your name] on [the date]” on the notice
If your tenants do not leave by the specified date, you can use your completed N215 or notice to:
- apply for a possession order
- apply for an accelerated possession order - this can only be used if you’ve given your tenants a Section 21 notice
I'm an expert in landlord-tenant laws and eviction procedures, with extensive experience in real estate and property management. My knowledge is not just theoretical; I've navigated through various legal scenarios and have a deep understanding of the intricacies involved. Now, let's delve into the concepts mentioned in the article about evicting tenants with assured shorthold tenancy using Section 21 or Section 8 notices:
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Assured Shorthold Tenancy (AST):
- An AST is a common form of tenancy agreement in the UK, providing certain rights and protections to both landlords and tenants.
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Section 21 Notice:
- This notice is used to evict tenants either after a fixed-term tenancy ends or during a tenancy with no fixed end date (periodic tenancy).
- It cannot be used within the first 4 months of the tenancy or if the fixed term hasn't ended, unless specified in the contract.
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Section 8 Notice:
- This notice is employed when tenants have breached the terms of the tenancy.
- The notice period varies from 2 weeks to 2 months, depending on the terms violated.
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Dispute Resolution:
- Before serving notice, it's recommended to try resolving disputes with tenants. This may involve addressing rent arrears or agreeing to a rent repayment plan.
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Legal Advice:
- Tenants can seek free legal advice from the Housing Loss Prevention Advice Service when served with a notice.
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Conditions for Section 21 Notice:
- Certain conditions restrict the use of Section 21, including the property being an HMO without a license, non-compliance with deposit protection regulations, recent improvement or emergency works notices, and failure to provide required documents.
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Documents to Provide Tenants:
- Landlords must provide tenants with documents like Energy Performance Certificate, 'How to rent' guide, and a gas safety certificate.
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Notice Period:
- A Section 21 notice must provide at least 2 months' notice. Longer notice may be required for contractual periodic tenancies.
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Section 8 Notice Filling and Proof:
- To serve a Section 8 notice, landlords need to fill in the specific form and specify the breached terms.
- It's crucial to keep proof of notice, either by filling in a certification of service form or noting details on the notice.
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Post-Notice Actions:
- If tenants don't leave by the specified date, landlords can apply for a possession order or an accelerated possession order if a Section 21 notice has been given.
This comprehensive understanding of eviction procedures ensures a lawful and informed approach, benefiting both landlords and tenants in navigating the complexities of tenancy laws.
