How do I evict tenants from my property? What is the difference between section 8 and section 21 notice for eviction?
What is the difference between section 8 and section 21 eviction notice? Can I use both of these notices for eviction?
Asked on Feb 22 2013,
Renting in London |
Try googling--www.scotcourts.gov.uk--There will be a link from here.I stumbled over it by mistake! Or try entering--"COMMUNICATIONS ACT 2003" on google theres a link from there too. Hope this helps.
Answered on Feb 25 2013,
The way in which you evict a tenant from your property, and which notice you need to serve to do so, will be entirely dependent on the reason for looking to remove them from the home.
First of all, a section 21 is simply a notice to say that you wish to repossess the property at the end of a tenancy, or outwith a shorthold agreement. This can be served without any reason needed, and it gives the tenant two months' notice that they need to vacate.
If this is served within the tenancy agreement already signed, then they will not need to vacate until the date that their agreement comes to an end.
A section eight on the other hand comes in when there are specific reasons for needing to evict someone, and comes in the form of a court order for repossession. The grounds for eviction can include, for example, a repeated non-payment of rent or breaches of the tenancy agreement.
Answered on Feb 26 2013,
Hi Steve. The two are very different. As a general view, a section 8 can be served when there is a breach of contract (although there are various rule about this) and can get tenants out quickly and a section 21 can be served for any reason but involves a 2 month notice period. Be careful with a section 8, as the tenants must be at least 2 months in rent arrears and they can make a payment to you anytime up to and including the date of the court hearing to put themselves less than 2 months in arrears and that is your case over! Generally a section 21 is a much easier path, although it does mean that you have to give 2 months notice (and this should be on a periodic date, for eg, if their rent is due on the 15th of a month, your sec 21 would be 2 months from the 15th, ie, if you served notice today, 27th feb, their notice would begin on 15th march and expire on 14th May). Hope that makes sense! Check out The Online Letting Agents for more info and to re-let your property!
Web reference: http://https://www.propertyhawk.co.uk/index.php?page=maga...
Answered on Feb 27 2013,
Some of the differences are
You do not need a reason to evict with S. 21.
You do not need to proof the deposit (if any) was secured with S. 8.
You S.8 Notice period is lesser (8 weeks).
S. 21 follows anniversary of rental payment. A miscalculation would invalidate the Notice.
S.21 cannot be given within 6 months of tenancy.
Answered on Mar 19 2013,
Section 8 notice is generally used if grounds are broken in ast and section 21 is used as backup just in case tenant manages to stop breaching grounds in ast.
Web reference: http://www.landlordangel.co.uk
Answered on Aug 19 2014,
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