eviction notice SECTION 21 OR 8?
One of the frequently asked question is; My tenants have rent arrears what can i do? The answer to this question is based on the an assumption the property is a residential property and the tenancy in place is an assured shorthold tenancy commencing after 15th of January 1998. If the rent arrears are more than 2 months or if the rent is payable weekly the rent arrears are 8 weeks or more than you can serve a eviction notice known as a section 8 notice. The section 8 notice will give the tenant 14 days to pay the rent arrears. If the rent arrears are not paid within 14 days you can than consider going to court. if you do have to go to court under section 8 you can ask the court for the following things within the same claim at the same time at no extra cost;-
  1. Possession order
  2. Order for the tenant to pay you the rent arrears
  3. Order for the tenants to pay the court and legal fees to you
  4. interest if pleaded
  5. Declaration (at the discretion of the judge) to release any deposit held if a deposit was taken. If pleaded in the claim
A note of caution all landlords beware of the Deregulation Act 2015. You must ensure you are fully compliant with your legal obligations under this Act. If you are unsure you can join the British Landlords Association. Membership is totally free and they can offer you free advice should you need it. If you require eviction you can contact us on 020 3903 2000.