What is a Section 21 Notice?

If you are a residential landlord who is struggling with difficult tenants, then it may be time to evict them. As a landlord who does not share the property with their tenants, you will need to use either of the following notices to ask them to leave the property.

Obtain a Section 21 Notice of Possession

If your tenants have reached the end of their fixed term tenancy and you wish for them to vacate the property, then you will need to obtain a Section 21 notice to request that they leave.

In order to use a Section 21 notice to evict residential tenants, landlords must have provided their tenants with an Assured Shorthold Tenancy (AST) or statutory periodic tenancy agreement. Any deposit must also have been placed into a deposit protection scheme, providing that the tenancy began after April 2007.

Restrictions of a Section 21

You must give your tenants a minimum of 2 months’ notice to vacate the property. After this time period, if the tenants have failed to leave, you will then need to apply for an accelerated possession order. You can apply for this online and will need to pay a fee of £280. However, you can ask the judge to make the tenant pay this cost.

If you successfully receive an accelerated possession order, you can enforce a certificated bailiff to evict tenants on your behalf.

Evicting during the fixed term

If you need to evict your tenants during the fixed term tenancy, then you will need to give notice using a Section 8 notice of seeking possession. This will allow you to evict on the grounds outlined in Schedule 2 of the Housing Act 1988. Using a Section 8 allows you to give between 2 weeks’ and 2 months’ notice to quit depending on which part of the tenancy agreement was broken.

If you require assistance in evicting troublesome residential tenants from your property, then get in touch with Able Investigations. Our team of certificated bailiffs can help you reclaim your property quickly and legally. Call us on 0345 366 0000.


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