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Serving Notice

There are many reasons why landlords have to serve notice upon their tenants. However, for some notices there is no need for a reason. The important thing is to get the notice right.  A notice can be the first step towards court proceedings and if the notice is deemed to be “invalid”, the court can refuse any subsequent application, telling you to “go away and start again”. This will cost you valuable time and money.

The most commonly used notices are Section 21 or Section 8 notices.  

Section 21 notices are used to end an Assured Shorthold Tenancy Agreement. There are two types: (i) to end the tenancy at the end of the fixed term and (ii) to end the tenancy once the fixed term has expired. Both need to give your tenant 2 months notice and be served properly to be effective. You do not need a reason to serve this type of notice.

Section 8 notices are used where a breach of the tenancy has occurred. The most common breach is non payment of rent. There are many reasons for using this notice, some are not related to rent and can be as a result of some other breach of the tenancy agreement e.g. nuisance, bankruptcy, disrepair or so you can occupy the property. Some of the reasons can reduce the waiting time (i.e. the standard 2 months notice) before you can issue court proceedings, again, saving you time and money.

To find out more about Section 8 and Section 21 notices, contact our landlord and tenant/housing specialists today for an initial cost free telephone overview of your circumstances. Please telephone Chris Palucsis on 01935 382687 or Ella Carroll on 01935 385984, or alternatively, complete our online enquiry form and a member of the team will contact you as soon as possible.

 

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