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You are here: Homepage > Possession Notices > Both Section 21 and Section 8 Notices

What is it?

Section 21 Notices are by far the most common type of possession notice, and a landlord does not have to give any reason for ending the tenancy agreement. The only aspect to be careful of with Section 21 Notices is the date when the notice is served and stated to expire.

There are two types of Section 21 Notice and the correct one must be served. These are the 'fixed term notice' and the 'periodic notice'. The difference between the two is actually quite straightforward. If the tenant is still in the fixed term of his tenancy, that is the tenancy agreement has not come to an end, then the fixed term notice needs to be served. Conversely, if the tenancy agreement has expired and the tenant is still in the property, the tenancy becomes a 'periodic tenancy' and therefore, the periodic notice needs to be served. Don't worry if this sounds over complex - we ask you for some basic information about the tenancy agreement and work out the correct notice and dates for you.

Section 8 of the Housing Act 1988 specifies grounds upon which a landlord can claim possession of the premises. As you will see if you decide to purchase a Section 8 Notice, we have made this as simple as possible. There are 17 separate grounds, on which a landlord can seek possession. All the grounds are listed and all you have to do is choose which you would wish to rely upon. The first 8 grounds, of the Section 8 Notice, are mandatory, which means that if the landlord can show the court that one of these grounds applies, the court must give possession. The remaining grounds, are discretionary, which means that the court will not necessarily give possession, but will examine the situation as a whole and give a judgement, which it considers to be just.

The most common grounds are for rent arrears, and you will see that rent arrears are covered in three grounds, 8, 10, and 11. Usually, it is best to choose all three, if the tenant is in sufficient arrears to choose ground 8, (being mandatory). Please read the grounds carefully and decide which ones you wish to include in your Notice.

Finally, if after the expiry of a valid notice, the tenant(s) still remains in the property, the landlord must still not attempt to evict them him/herself. Rather, the landlord should make an application to the court for a possession order, and then the court can make a legal eviction through a bailiff. We offer a full possession claims service. Please see our Possession Claims section for more information.

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