Landlords Association Recent Landlord News Which notice to serve, section 8 or section 21?

Which notice to serve, section 8 or section 21?

which notice to serve, section 8 or 21What is a section 8 notice?

A section 8 notice, is a notice which has 17 grounds. The grounds for rent arrears are 8,10 and 11. Grounds 14 and 17 are used infrequently from time to time. You can see the full list of the grounds, at the bottom of this page.

A section 8 notice is used, where the tenant has breached the tenancy. Like rent arrears, damage to the property, nuisance or criminal activity. 

What is a section 21 notice?

A Section 21 notice (also known as form 6A) is a legal notice, asking your tenant, to give up vacant possession a property. A landlord must serve this notice if the landlord requires possession. 

Section 21 notice, is only used for assured shorthold tenancies. No reason is required, why a landlord may want the let property back. Upon the expiry of the notice, a tenant may give up possession of the property. 

If a tenant has failed to yield vacant possession, a landlord can then consider court action. Possession can be obtained through the court, under the accelerated route. 

If you do not have any rent arrears or, a breach of tenancy, then you can only use the section 21 route. 

Serving a Section 21 Notice can occur at any time after the start of the tenancy, but notice cannot end earlier than the end of the fixed term. The notice can also be served on the last day of the tenancy.

The legal obligations must be met before serving a section 21 notice. 

Which notice should I serve?

Do not use the 8 section route if there are outstanding disrepair’s as a tenant may counterclaim against you.

Do not use section 21 route if the conditions to serve a valid section 21 have not been met.  

If there is a valid section 21 notice, a landlord can consider using the accelerated route. 

List of Grounds for section 8 notice:

  • Ground 1: The Landlord requires possession as he used to occupy the property as his main home, or he now wishes to occupy the property as his main home.
  • Ground 2: The property is subject to a mortgage, and the mortgagee is now entitled to exercise a power of sale.
  • Ground 3:The tenancy is a fixed term of not more than eight months, and the property was previously a holiday let.
  • Ground 4: The tenancy is a fixed term of not more than 12 months, and the property is student accommodation let out of term.
  • Ground 5: The property is that of a minister of religion.
  • Ground 6: The property requires redevelopment.
  • Ground 7: The tenant has died.
  • Ground 8: The tenant is in rental arrears.
  • Ground 9: Suitable alternative accommodation is available for the tenant upon possession.
  • Ground 10: The tenant is in arrears of rent.
  • Ground 11: The tenant has persistently delayed paying rent, whether or not the rent is currently in arrears.
  • Ground 12: Any obligation of the tenancy has been broken, other than payment of rent.
  • Ground 13: Due to the tenant’s conduct, the property has deteriorated.
  • Ground 14: The tenant is causing a nuisance or annoyance to people residing at the property or visiting the property. The tenant is convicted of engaging in illegal or using the property for immoral purposes.
  • Ground 15: The tenant has allowed the landlords’ furniture to deteriorate due to ill-treatment.
  • Ground 16: The tenant occupies the property due to his former employment by the landlord.
  • Ground 17: The Landlord granted the tenancy as a result of a statement made by the tenant, which is later found to be false.
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