Eviction and Lease Notices FAQ - United Kingdom

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Eviction Notice Basics

What is an eviction notice?

An eviction notice is a form given by a landlord to a tenant stating that the landlord intends to recover the leased premises from the tenant’s possession. Eviction notices may be given if a tenancy is coming to an end or in situations where the tenant has not paid rent or has otherwise breached the tenants’ obligations under the tenancy agreement. In England and Wales, there are 3 main types of residential eviction notices: section 21 notices for fixed terms, section 21 notices for periodic terms and section 8 notices.

What is the best way to serve notice?

The best way to serve the notice is to deliver it by hand to the tenant or else to send it by registered first class mail to the tenant. If notice is served by hand, it is recommended that the service is witnessed by another person. If the notice is delivered, then a minimum of 3 extra working days should be provided to the tenant’s notice.

If there are joint landlords, who should serve the notice?

If there are joint landlords, either landlord may serve the notice.

Section 21 Notice (Fixed)

What is a section 21 notice for a fixed term?

A Section 21 Notice for a fixed term is used when a landlord wishes to legally terminate an assured shorthold tenancy at the end of the fixed term.

Is it necessary to provide a notice at the end of a fixed term?

The Housing Act 1988 provides landlords who have granted Assured Shorthold Tenancies a legal right to get their property back at the end of the fixed term. In order to exercise this right, landlords must follow the correct legal steps. This involves providing the tenant with a section 21 notice in writing. Possession action cannot be started against the tenant unless the landlord has provided the proper notice.

What information is included in a section 21 notice for a fixed term?

A section 21 notice for a fixed term must contain the following information:

the name and address of the tenant(s);
the name and address of the landlord(s);
the address of the property which is sought for possession;
the date possession is required; and
the section of the Housing Act being relied on.

When do I serve a section 21 notice for a fixed term?

You must serve the notice at least two months before you want possession of the premises. This means that if you want possession immediately after the fixed term has ended, you must give the notice 2 months prior to the end date of the tenancy. If you give the notice on the last day of the tenancy, the tenant does not have to leave the premises for another 2 months. The 2 months starts when the tenant receives the notice so extra days should be provided if the notice is to be mailed by post.

In addition, you should note the following:

notice can be served at any time during the fixed term but you cannot serve this notice before the tenancy has started; and
you cannot ask for possession of the premises before the fixed term has come to an end.

Section 21 Notice (Periodic)

What is a statutory periodic tenancy?

A statutory periodic tenancy occurs when an assured shorthold tenancy for a fixed term ends but the tenancy continues on a periodic basis.

What is a section 21 notice for a periodic term?

A section 21 notice for a periodic term is used for statutory periodic tenancies (assured shorthold tenancies which have automatically become periodic because the fixed term has expired). Landlords must serve this type of notice to legally terminate a statutory periodic tenancy.

When do I serve a section 21 notice for a periodic tenancy?

This type of notice should only be served if the tenancy has become a periodic tenancy (i.e. a tenancy that continues after the expiry of a fixed term).

You must serve the notice at least two months before you want possession of the premises and the day that the notice expires must be the last day of a period. Periods are decided by how often rent is collected. Hence. if rent is collected every month, then the period is monthly. To establish what the last day of the period is, you must refer to when the original fixed term tenancy ended. The periodic tenancy started immediately after the fixed term expired. For example, if the original fixed term ended on July 18th and rent was collected monthly, then a new period would start on July 19th and end on the August 18th. Suppose it was now August 30th and possession is required. In order to provide the tenant with 2 months notice and have the notice expire on the last day of a period, the earliest expiry date would be November 18th.

What information is included in a section 21 notice for a periodic term?

A section 21 notice for a periodic term must contain the following information:

the name and address of the tenant(s);
the name and address of the landlord(s);
the address of the property which is sought for possession;
the date possession is required; and
the section of the Housing Act being relied on.

Section 8 Notice

What is a section 8 notice?

A section 8 notice is used when a landlord wishes to legally terminate an assured shorthold tenancy before the fixed term has come to an end. The section 8 Notice can only be used in situations where the tenant has not paid rent or has otherwise breached the tenants’ obligations under the tenancy agreement. The landlord must set out certain statutory grounds for terminating the tenancy in a Section 8 Notice.

What information is included in a section 8 notice?

A section 8 notice must contain the following information:

the name and address of the tenant(s);
the name and address of the landlord(s);
the address of the property which is sought for possession;
the date the notice is served;
the date possession is required;
the statutory grounds being relied on; and
the section of the Housing Act being relied on.

What are the statutory grounds for possession?

The Housing Act 1988 provides the following 17 grounds that the landlord can cite to repossess the property:

Ground 1: The landlord used to live, or intends to live in the property as the landlord’s only or principal home.
Ground 2: The mortgagee is claiming possession. (Note: this can only be used where the mortgage predates the tenancy.)
Ground 3: The tenancy is a holiday let and was previously let for a holiday.
Ground 4: The tenancy is a student let and was previously let by an educational establishment to students.
Ground 5: The property is held for use by a minister of religion.
Ground 6: The landlord intends to redevelop the property.
Ground 7: The former tenant has died (unless there is a person with a right to succeed).
Ground 8: The tenant owed at least two months' rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.
Ground 9: Suitable alternative accommodation is available.
Ground 10: The tenant was behind with his rent when the landlord served notice that he wanted possession, and when he began court proceedings.
Ground 11: Even if the tenant was not behind with his rent when the landlord started possession proceedings, he has been persistently behind with his rent.
Ground 12: The tenant has broken one or more of his obligations under the tenancy agreement.
Ground 13: The condition of the premises or any of the common parts has deteriorated because of the behaviour of the tenant, his subtenant, or any other person living there.
Ground 14: The tenant or someone living in or visiting the property has been guilty of conduct which is, or is likely to cause a nuisance or annoyance to neighbours. Alternatively, a person residing or visiting the dwelling house has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes or has committed an arrestable offence in, or in the locality of, the dwelling house.
Ground 15: The condition of the furniture has deteriorated because it has been ill-treated by the tenant, his subtenant, or someone living there.
Ground 16: The tenant was granted the property in order to properly fulfil her employment duties and is no longer employed by the landlord.
Ground 17: The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting at the tenant's instigation.

If you would like to read the full text of each ground then click here.

How should I explain why I am using a particular ground?

Ensure that your explanation provides sufficient information for the court to understand why you are relying on the ground. Make sure the party to whom you are referring is clear. Use complete sentences and ensure that your meaning is understandable.

Below are example reasons for relying on certain grounds. If you choose to use any of these examples you should adapt them to suit your needs and circumstances.

For Ground 8: “Rent is payable weekly at the rate of £100.00 per week. There are arrears of £800.00 at the date of this notice being 8 week’s arrears.”
For Ground 10: “There are arrears of £800.00 at the date of this notice.”
For Ground 11: “The tenant consistently pays rent two or three weeks late. In the past year, the tenant has paid rent on time only once.
For Ground 14: “The use of living room furniture was provided as part of the tenancy agreement. The tenant has left cigarette burns on the living room sofa.”

What are mandatory grounds?

Mandatory grounds are grounds that if proven, the court will automatically award possession to the landlord.

Grounds 1 to 4 are called “prior notice” mandatory grounds because to rely on these grounds the landlord must have informed the tenant (in writing) prior to signing the tenancy agreement that he/she intended to repossess the property and would be relying on these grounds.

Ground 1: The landlord used to live, or intends to live in the property as the landlord’s only or principal home.
Ground 2: The mortgagee is claiming possession. (Note: this can only be used where the mortgage predates the tenancy.)
Ground 3: The tenancy is a holiday let and was previously let for a holiday.
Ground 4: The tenancy is a student let and was previously let by an educational establishment to students.
Ground 5: The property is held for use by a minister of religion.

Additionally there are 3 other mandatory grounds:

Ground 6: The landlord intends to redevelop the property.
Ground 7: The former tenant has died (unless there is a person with a right to succeed).
Ground 8: The tenant owed at least two months' rent (in the case of a monthly tenancy) both when the landlord served notice that he wanted possession and still owes two months' rent at the date of the court hearing. If the rent is payable weekly, quarterly or yearly the ground requires that there are rent arrears of eight weeks, three months and six months respectively.

All other grounds are considered to be “discretionary”. A court will award possession for a discretionary ground only if it would be reasonable to do so given the circumstances.

Can I rely on Ground 8 alone?

While you can rely on Ground 8 alone, it is not advised. If the tenant pays off part of the rent arrears prior to the court hearing, then you will then no longer be able to rely on the ground. Usually, if you are relying on Ground 8, it is best to cite other grounds as well to strengthen your case.

What are discretionary grounds?

Discretionary grounds are all grounds which are not mandatory. Courts will only award possession on discretionary grounds if it is reasonable to do so given the cirumstances.

Can I rely on discretionary grounds alone?

While it is possible to gain possession on discretionary grounds alone, most landlords wish to strengthen their case with a mandatory ground. If the tenant is in arrears, it is often best to wait two months so that you can use Ground 8 and maximise your chances of gaining possession.