How do I evict my tenant? What is a Section 8 and Section 21 notice? How do I know which notice to serve?
Cardiff-based dispute resolution lawyer, Mark Woloshak, explains the different types of eviction notices a landlord has to serve to evict a tenant and the steps involved once that notice has been served.
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Transcript:
What a landlord has to bear in mind is that all tenants have rights of occupation and that you can’t simply change the locks and get them to leave. You have to serve the correct notice, they have to issue court proceedings, they then have to obtain a court order. And even after the court order has been obtained, unless they leave the property then voluntarily, you can only evict them by using the court bailiffs.
The vast majority of private tenancies are assured shorthold tenancies. Those can be brought to an end either by service of a Section 21 notice or by service of a notice under Section 8 of the Housing Act 1988.
The Section 21 notice can be served when the tenancy terms come to an end or the initial six months if it's a rolling tenancy. For that, you've got to prove no grounds you've just got to say you want the property back. Provided you've followed all the correct procedures, proceedings can be issued in the court.
If there has been a breach of tenancy, such as none payment of rent or nuisance, you can serve notice under Section 8 of the Housing Act . The benefit of a Section 8 notice , however, is that you can serve it during the currency of an assured shorthold tenancy. Once notice has been served you then have to prove your case in the court, which means there will be a hearing.
