Thackray Williams

 Most lettings of residential property are classified as Assured Shorthold tenancies.  A question frequently asked by landlords when they have a troublesome tenant they wish to evict is: “which notice should I serve?” 

The Landlord usually has a choice of two notices:-
(1)  A section 8 Housing Act 1988 Notice of seeking possession, or
(2)  A section 21 Housing Act 1988 Notice requiring possession.

If the tenant is in breach of a term of the tenancy, for example the rent is unpaid, usually the answer is to serve a section 8 notice.  This notice sets out in detail the breach of the tenancy, e.g. in the case of rent arrears the notice must set out in detail the outstanding rent.  The section 8 notice only needs to run for a clear period of 14 days, after which the landlord can start possession proceedings in the County Court.

If a landlord simply wishes to bring the tenancy to an end for any reason then the landlord may choose to serve a section 21 notice.  This notice has to run for a clear period of 2 months. 

The Landlord needs to take care in preparing the notice and ensuring it is properly served.  In the case of the s.21 Notice extra care may be needed to ensure that the date when the notice expires is calculated correctly.

Sometimes the landlord will have a choice as to which notice to use.  Sometimes a landlord may well even be able to serve both notices!

The two different types of notice lead to two different types of claim in the County Court.  Landlords should discuss which notice to serve with their Letting Agent or with their solicitor, and take advice on which type of possession claim to pursue in order to obtain the outcome they are looking for.

For more information on this subject contact Andrew Raby at Thackray Williams Solicitors on 020 8290 0440 or email andrew.raby@thackraywilliams.com