Holbeach solicitors gives handy advice for landlords and tenants
Here's the weekly 'Legal-ease' column from Mossop and Bowser, of Holbeach...
There are many reasons why a landlord may require a tenant to vacate their rented property and the reasons do not necessarily have to be because of the tenant’s actions. For example, a landlord may require the property for their main residence.
There are two main methods for landlords to gain possession of their rented property, a Section 21 notice and a Section 8 notice.
Section 8 notice
This requires a reason to serve a notice, such as unpaid rent or damage to the property. There are 17 grounds that you could serve a Section 8 notice under and each ground requires a certain amount of notice to be given to the tenant.
Section 21 notice
This is a “no fault” notice. A landlord can serve this at almost any time on their tenant, providing them two months’ notice to vacate. However, the landlord must have complied with strict requirements to allow them to serve a valid Section 21 notice. If they have not complied with the requirements then the notice will not be valid and the courts will not be able to make a possession order.
For landlords it is extremely important that any notice they wish to send is correctly prepared to ensure that it is valid. For tenants it is important that they know their rights and if a tenant is served with a notice it is important that they are able to determine whether it is valid. It is therefore a valuable step to take legal advice whether you are a landlord seeking possession or a tenant facing eviction.
If you are a landlord considering how to regain possession of your property or a tenant who has received a notice or if you have any other tenancy issues then contact us on 01406 422651 and we will be happy to assist you.