Should you be unfortunate enough to have difficulties with your tenants living in your rental property, you will find it can be very stressful. One way to minimize this stress whilst trying to resolve any issues with unsatisfactory tenants can be to do some research and be clear of your rights as a landlord and how to deal with any issues within the law and ensure that you obtain a satisfactory outcome.
So to clarify the often emotional issue of eviction, this is a quick guide to Section 21 of the 1988 Housing Act and the serving of an Eviction Notice.
An Eviction Notice is served by any landlord wanting to end an assured shorthold tenancy (AST) prior to or subsequent to the ending of the fixed-term. To terminate an AST at the ending of the fixed-term, any landlord is obliged by law to serve an Eviction Notice on their tenant providing them with no less than 2 months notice.
If possession is required by a landlord whilst in the fixed-term it may be granted only if a violation of the tenancy has been established and in this case an Eviction Notice citing section 21 would not be the right approach. In these situations an Eviction Notice citing section 8 should be served on the tenants.
The relevant sub-sections in Section 21 of the 1988 Housing Act that any landlord should be aware of are;
Stipulates the prerogatives of the landlord with an AST agreement to retake possession of the property rented on the tenancy, commencing from the cessation of an AST that was for a fixed-term.
Sub-Section 1 [a];
Applies explicitly when the AST has come to a close and no additional assured tenancy exists except for an assured shorthold periodic tenancy.
Sub-Section 1 [b];
Specifies that the landlord must give the tenant notice in writing, of at least 2 months saying that they require re-possession of the property or dwelling. The Section 21 1 b Eviction Notice, is especially designed for notices served prior to the end of the fixed-term. The following second format is for serving during a periodic tenancy.
Section 21  [a];
A Section 21  [a] Eviction Notice can be used to show that the landlord desires to terminate the tenancy. The notice citing Section 21  [a] can only be employed for a tenant with a tenancy that has turned into a statutory periodic tenancy; this is a tenancy that goes on after the ending of a fixed-term AST. The 1996 Housing Act revised Section 21 of the 1988 Housing Act to include a clause that the landlord is obliged to give tenants notice in writing affirming that possession of the property is required, with a minimum of 2 months notice.
In all cases, it would be wise for landlords to make use of specifically formatted Eviction Notice forms to guarantee that the notice is completed accurately, that no technicalities, details or facts have been missed and consequently is legally binding.
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