There are times when a tenant may need to vacate their property for reasons other than moving out. These reasons may include a repair or renovation that is too extensive for the tenant to undertake, an eviction notice served by the landlord because of unpaid rent or damages to the property, or a material breach of the lease agreement by the tenant that would force the landlord to terminate the lease.
In order to gain possession of your rental property, you can either serve the tenant with a Section 8 notice or a Section 21 notice under the Housing Act 1988.
Read this blog to learn if both notices can be served simultaneously to a tenant.
Section 21 Notice
A Section 21 notice is served when the landlord wants to regain possession of the property after the fixed term of tenancy expires. There must be a written agreement that states the lease term as well as the date on which the lease will expire. The tenant should be made aware of the term in the lease agreement before they agree to it.
You must give at least two months’ notice if you wish to terminate a fixed-term tenancy before the agreed date. You can serve the Section 21 notice by giving it to the tenant in person or by posting it on the notice board at their place of residence.
Section 8 Notice
If the tenant has breached their tenancy agreement in some way or the other, you may be entitled to serve a Section 8 notice to them. Rent arrears are a common reason for a landlord to issue a Section 8 notice to their tenants. Another common reason is illegal activities or property damage. Make sure you have valid grounds and proof before attempting to serve the notice on your tenants.
Both these notices require that you give a specific number of days’ notice before the actual date of possession.
Serving Both Notices Simultaneously
Since Section 8 and Section 21 notices are issued for different reasons, you can serve them both at the same time. In fact, most residential eviction experts advise that you serve them both at once. You can issue court action based on either one.
In cases where tenants haven’t paid rent and are served with Section 8 notice only, they end up paying the debt and continue possession of the property. However, if you want debt recovery and possession of your property as well, a Section 21 notice will come into effect, and the tenant will be forced to leave the property as agreed. This is why you are advised to serve both notices simultaneously, so you have both options available.
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