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Notices 21 or Section 8


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I want to take repossesion of a property. I am unsure of the appropriate eviction notice I need to serve on tennant. The situation is that tennant has been on a 6 month AST. This is now considered a rolling AST, apparently because, the Tennant has been resident 2 years 8 months. On an ongoing basis but is still bound by the original terms I assume?.

Looking for advice on the web has formed the impression on me, I can issue a section 21 notice. On the grounds that the original tennancy has expired?. However, I am also 9 weeks in total without rent. Which also gives me grounds to issue a Section 8 notice. I am unsure as to which, because it is suggested rent arrears can be cited on a section 21 notice for grounds to reposses and is an easier way to recover the property.

I do not wish to be an harrasing landlord. I just want an efficient clean break. To bring to end a very unsatisfactory tennancy.

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  • 2 weeks later...


I have just been through a long and painful posession after having non-paying tenants who also caused a lot of damage to the house and upset all their neighbours!

I went for the Section 8 route becasue I was trying to end the tenancy before it's end on the grounds of unpaid rent.

In your case, if the original contract hs alreday run it's term you have the advantage that you can use the accelerated eviction procedure and not have to make a court appearance (which by the way usually has 2-3 month lead time associated with it).

If you use the accelerated process, you send a form to the court explaning the situation, the form is assessed by the judge and unless the tenants can prove that what you claim is not true, they receive a notice from the court to leave.

The forms you need are on the HM courts website and the explanatory notes that go with it to tell you how to fill it in.

You cannot send this form unitl you have issued your Section 8 or Section 21 Notice and given the tenants their 2 weeks to move out. Once this time has elapsed you can send the forms to the court along with the tenancy agreement to start the process. Be sure that everything is completed accurately and that you can prove you served your Notice at the correct time. If you make mistakes the court will reject your claim and you will obliged to start again!

Good Luck.

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