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Being “Noticed” – Recovering Possession of Your Property

Published on 30 August 2017 | Modified on 30 August 2017

Written by Stacey Bennett
Property Dispute Solicitors

There are a variety of reasons why you may need to regain possession of a property, but do you know the legal process?

There are two main ways to recover possession of your property under the Housing Act 1988;

  1. Section 21 Notice
  • This notice is used for fixed term tenancies.
  • It may not be used to regain possession during the fixed term, however it can be served during this time if the date for possession is not during that term.
  • The notice must give the tenants at least two months to leave the property. However, there are instances where more than two months are required e.g. where the rental period was paid quarterly.
  • The tenants deposit must have been duly protected in a tenancy deposit scheme.
  • For tenancies from October 2015 onwards there is a specific notice form to be used.
  • You do not need any specific grounds to issue this notice and it gives the landlord an automatic right of possession at the end of the fixed term.
  1. Section 8 Notice
  • This notice is used where a landlord is seeking possession under any of the grounds contained within Schedule 2 of the Housing Act 1988 e.g. rent arrears, breach of an obligation under the tenancy agreement by the tenant, property now required as the principal home for the landlord.
  • The notice period given to the tenant depends upon the ground you are applying under and can vary from 2 weeks up to 2 months.
  • Notice must be given using a specific form.

Once the correct notice has been given to the tenant the clock starts ticking for when they are due to leave the property. It is important to keep evidence that you provided your tenants with the notice.

Sometimes, further difficulties are encountered following this and we will consider the subsequent steps if this occurs in our next article.

If you would like our advice and assistance in undertaking the eviction process we would be happy to help. Please do not hesitate to contact the Poole Alcock litigation team on 01270 765325.

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