Problem Tenants and Section 8 and Section 21 Notices

View PDF | Print View
by: Stephanie Wood
Total views: 13
Word Count: 362
Date: Thu, 15 Jul 2010 Time: 7:45 AM
0 comments

In cases where problem tenants have been in breach of a tenancy agreement, or you need then to vacate a property following the termination of a tenancy agreement, then it will be necessary to issue them with a notice to quit. There are two types of notices to quit, termed Section 21 and Section 8 notices, and which one you should use depends on the circumstances of the situation, comapanys such as swift capital can provide infomation on the subject.

If the reason for wanting the problems tenants to leave is because they are not paying their rent and are eight or more weeks in rent arrears, then it is the Section 8 notice that you should use. By issuing a tenant with such a notice you are initiating a complete eviction process. The section 8 notice itself is a claim for both rent arrears and the resultant associated costs to the landlord as well as being a notice to quit.

A Section 21 notice to quit is used to end a tenancy agreement following the end of an assured tenancy agreement. In particular, this is the notice used when the landlord wishes to obtain vacant possession of the premises in order to sell them. The notice must allow at least two months for the tenants to vacate the property. It can be issued two months before the end of the assured tenancy agreement in which case vacant possession is required when the agreement finishes.

If the tenant refuses to leave, then the landlord must seek a court order for eviction. If the court order is granted and the tenant still refuses to vacate the premises, then it might be necessary to employ a bailiff.

Altogether evicting a tenant is worrying, upsetting and costly, especially for the casual landlord. It can be quite a wake up call to the current state of humanity. If the reason you need the tenants to leave is because you wish to sell the house, it might be easier to sell it with the sitting tenant. Luckily there are numerous companies which are in this market.

About the Author

In cases where problem tenants have been in breach of a tenancy agreement, or you need then to vacate a property following the termination of a tenancy agreement, then it will be necessary to issue them with a notice to quit. There are two types of notices to quit, termed Section 21 and Section 8 notices, and which one you should use depends on the circumstances of the situation, comapanys such as swift capital can provide infomation on the subject.