Property Investment » Evicting Tenants

Difference Between Section 8 And Section 21 Notice

The Landlord — Fri, 25 Nov 2011 14:50:54 +0000

This is probably the most common question I see being asked in regards to serving notices to tenants- what is the difference between a Section 8 and Section 21 notice form, and which one should I serve to my tenant? Both forms are used to serve notice to tenants, but they’re distinctly different, and it’s important to serve the correct notice to avoid unnecessary delays and expenses.

I’m no legal bod, but I will quickly go over the basic differences. Hopefully I’ll cover enough of the basics to help you identify which one you should be serving to your tenant.

What is the difference between a Section 8 and Section 21?

Simply, a section 8 notice should be served when a tenant is in breach of contract (e.g. the landlord has grounds for possession). The most common ground for eviction is rent arrears. As long as the landlord has a legitimate ground for possession, he/she can serve the notice at any point during a tenancy. Here’s a more detailed look into Section 8- Notice To Quit Form

A section 21, also known as a ‘Notice of Possession’, should be served to end a Tenancy Agreement so the landlord can regain possession at either the end of the fixed date specified in the tenancy agreement, or if the tenancy has rolled into a periodic tenancy. Unlike when serving a section 8, a landlord does not any reason for serving the notice to regain possession of the property, other than he/she simply wants the tenant to vacate. Here’s a more detailed look into Section 21 – Notice of Possession Order Form.

So basically, a Section 8 should be served when a tenant has done something wrong e.g. fallen into rent arrears. A Section 21 should be served when the landlord simply wants the tenant to vacate the property at the end of the tenancy or during a periodic tenancy.

Some times it’s better to serve a Section 21, even when a tenant has breached their contract

This is a bit of personal tip, something which I’ve learned from experience. While I have said that you should serve a section 8 notice when a tenant is in breach of contract (e.g. the landlord has grounds for possession), there is, as always, an exception, in which it might be worth serving a section 21 notice instead.

If you have valid grounds for serving a section 8 notice, and the current term of the tenancy has either rolled into a Periodic Tenancy or with in or close to 2 months of the tenancy from reaching it’s end date, it’s probably better to serve a Section 21 instead.

The reason for this is because there is a lot less legal hassle and implications when serving a section 21. As said, when serving a Section 8, a ground for possession is required, which can be disputed by the tenant in court, which may prolong the eviction process, and consequently allow the tenant to remain in the property. The landlord will also need to prove to the court that the tenant has breached a condition in the agreement. Whereas with a section 21, as mentioned, a landlord does not need any reason for regaining possession. Even if the tenant refuses to vacate after a section 21 is served, providing the court is satisfied that it has been correctly served; then they are required to grant the landlord possession.

Does anyone else have anything else to add? :)

Section 8 Notice To Quit Form- Evicting Tenants

Section 21 – Notice of Possession Order Form

Notice Of Rent Increase Form – Section 13

Tenancy Agreement Break Clauses

The Landlord — Tue, 12 Jul 2011 09:29:31 +0000

I personally don’t have break clauses in my Tenancy Agreements, and I’ll tell you why, just after I’ve covered the basics…

What are break clauses in Tenancy Agreements?

A Break clause is a clause in tenancy agreements provide an opportunity for the tenant and/or the landlord to give notice (typically 2 months notice) during the fixed-term of the tenancy to end the tenancy early. Essentially, either party can “break” the tenancy before the end date, as long as the correct procedures are followed.

However, it’s important to note, even if the tenancy does include a break clause, the Housing Act 1988 prevents the court from awarding possession to a landlord until six months into the tenancy has passed from the beginning of the agreement, unless the landlord is using one of the seventeen statutory grounds for possession, in which case the landlord has rights to evict the tenant and should serve a Section 8 Notice. So, break clauses typically stipulate that they can only be enforced 6 months into the fixed term of a tenancy.

Here is an example of a break clause (please do NOT use it, this may not be valid):

20 Mutual breaking clause
Any time after six months of the initial fixed term of this tenancy either party may invoke this break clause by providing a minimum of 60 days written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement.

Giving notice

The landlord is required to provide at least two months notice to the tenant if they wish to enforce the break clause by serving a Section 21 Notice. So for example, if the tenancy starts on 1st of January, the landlord should serve notice on April 1st, which means the tenant should vacate on June 1st (6 months from when the tenancy began).

If the tenant wants to enforce the break clause, they must also give 2 months notice to the landlord by serving a written notice (not a Section 21) after 6 months into the tenancy. The tenant should serve a written document with signature, surrendering the tenancy.

Please note, the correct party should receive the notice before or on the day of those dates.

Why the break clause is used

Break clauses really are about flexibility for both tenant and landlord. They provide landlords/tenants the opportunity to break a tenancy if personal circumstances change. This could include scenarios such as relocating for work related purposes, or even because the relationship between the tenant and landlord turned sour.

The reason I don’t use break clauses

As mentioned, I don’t use break clauses in my tenancy agreements, the reason being is that they don’t seem convincingly reliable (from what I’ve read and been told), which makes them kind of scary to me. Let me explain…

Assuming that the landlord has enforced the break clause by serving the tenant notice after 6 months into a 12 tenancy agreement. If the tenant stays in the property after the expiry, the landlord will need to issue Court proceedings and ask a Judge to order possession. The Judge will then look at the break clause to see if it is valid. If the Judge is not happy with the clause the landlord will not get possession.

The break clause is one of those clauses that can be drafted and interpreted in many ways (apparently). If the clause is clearly drafted and equally fair to both parties, the landlord will have a better chance of getting possession. However, if the clause is poorly drafted and deemed unfair (e.g. if it is in the favour of the landlord), it is very unlikely that it will be valid. Unfortunately, when the landlord has got to this stage they will have incurred a Court fee of £175 and possible Solicitors costs.

To be fully enforceable in law, break clauses need careful drafting with a high degree of legal expertise – these agreements should be drafted by a solicitor or barrister, or obtained from a known reliable published source.

The preferred alternative to a break clause

Personally, I’d rather just issue my tenant with a 6 month tenancy agreement. That way, even if the tenant fails to vacate after 6 months, the Judge should give me possession immediately because the tenancy has expired, no questions asked.

If after the 6 months tenancy both parties are happy to continue the tenancy, then the tenancy can either roll onto a Periodic Tenancy or a new tenancy agreement can be issued.

Issuing a 6 month tenancy just seems much safer and reliable because there’s little margin for error in comparison.

Surrendering a Tenancy

If a tenancy agreement does not contain a break clause, but both landlord and tenant want to break the tenancy earlier than the fixed date, then they can both surrender the tenancy. This can just be a written document that states both parties agree to terminate the tenancy early, with both parties signatures.

If the landlord does not agree to the surrender, the tenant will be contractually obliged to pay rent for the entire length of the fixed term. If it is the landlord wishing to have the property back, the tenant is entitled to remain in “quiet enjoyment” of the property and the landlord is obliged to follow the statutory termination provisions at the end of the term.

Do you use break clauses?

Do you use a break clause in your tenancy? If so, I’d be interested to see what it says. Would you mind copy/pasting it? Also, has anyone ever enforced the break clause?

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6 Tenancy Agreement Facts That Are Bullshit

My Tenant Has Stopped Paying Rent

The Landlord — Tue, 22 Sep 2009 08:13:36 +0000

This is an extremely common problem for landlords, especially in an economic climate where unemployment is rising and the general cost of living is rising. More and more tenants are starting to fall into arrears, and it’s a massive problem for landlords.

What should I do if my tenant stops paying rent?

1) Communication is key

Most importantly, you need to talk to your tenant. As soon as your tenant falls into arrears, you should try to contact your tenant either by letter, a phone call, or even a visit. The issue is best dealt with sooner rather than later.

If you let the situation drag on for months, hoping that the tenant will pay, the rent arrears may eventually spiral out of control, to the point where the tenant will never be able to pay them. Additionally, if they know you will be on to them quickly, they are more likely to give their rent payments priority.

2) Come to an agreement with your tenant

Trying to resolve the issue with your tenant directly should be the main focus; court action should always be the last resort.

Perhaps you can allow the tenant to pay more frequently in smaller payments or perhaps, in the case of a good tenant you would be sorry to lose, you can give a small rent reduction.

3) Put any agreement in writing

If you come to some form of compromise with your tenant, you should put it in writing. A letter setting out the agreement, including any relevant dates, and what will happen if the tenant fails to comply, will be sufficient.

4) If your tenant has fallen 2 months in arrears without making any payments

If you can’t come to some form of agreement and your tenant has fallen in arrears by 2 months or more, then you have suitable grounds to Evict your tenant.

Extra Tips for landlords that have tenants in arrears

Landlord Insurance

Check your Landlord Insurance Policy to see if you are covered for a tenant defaulting on payment.

Tenant Guarantor

If the tenant has a Guarantor, then contact them and advise them in writing and by phone that the tenant has defaulted.

They will legally be responsible for covering the tenants arrears if the tenants refuses to pay.

Tenant Eviction Professionals

Evicting tenants can be a lengthy and complicated process. If you’re uncertain of the law and procedures, it might be worth getting in touch with a Tenant Eviction Professional.

Taking the professional route may sound expensive, but it can actually work out to be the cheaper option because professionals know what they’re doing and they generally work fast. Plus, it takes away a lot of the stress from the landlord.

“My Tenant Has Stopped Paying Rent” Comedy Sketch

I can’t remember why or how, but i’m thanking fate for the cinematic treasure I stumbled upon earlier today. I came accross a humorous Tenant Vs Landlord comedy sketch, which you can watch below.

Will Ferrell plays a tenant that can’t pay his rent on time, as a result, his frustrated landlord, Pearl, doesn’t take the news lightly, consequently uses lines like, “You pay now, bitch”, in attempt to persuade Will.

I can appreciate Pearl’s situation. I’ve been in that situation, and I’ve had to mutter the words, “You pay now, bitch” a few times. Pearl hit the nail on the head a few times, and I’m sure any Landlord that has been in this situation can appreciate the following lines…

I’m tired of this crap

I work too hard

I want my money

I want my money, bitch

The Council Stopped My DSS Tenant’s Benefits, I’ll Probably Starve To Death Now

My Tenant Left Without Paying Bills

Why Do I Have To Chase My Tenant For Rent And Listen To His Lame Excuses?

List Of Tenant Eviction Services

The Landlord — Thu, 17 Sep 2009 20:28:40 +0000

In the past, I’ve been mere whiskers away from stampeding into one of my properties with the incentives of throwing a tenant and all her belongings onto the street because she had fallen into 3 months of arrears. Looking back, it was a miracle that she wasn’t limping around with my foot firmly wedged up her rancid arsehole. She will probably never appreciate how close to death, or at least, “baggy anal-passage” syndrome she was. The only nagging thought that prevented me from executing was the potential legal consequences of my actions. While I don’t condone illegal and aggressive tactics to evict rogue tenants, I can fully understand why landlords have taken matters into their own hands.

Unfortunately, there is a wrong way of operating when evicting tenants. Even when landlords THINK they’re taking the legal and right steps, they’re actually not. The problem is, landlord law is an extremely complex area, and each case generally varies depending on circumstances. That’s why it’s extremely imperative that landlords take the right steps when they’re dealing with rogue tenants.

If you’re a landlord that’s unsure about the process of eviction, my advice is to seek professional help from someone that actually specialises in the landlord law area. Taking the professional route may sound expensive, but it can actually work out to be the cheaper option because professionals know what they’re doing and they generally work fast. Many landlords try to tackle the eviction process themselves by serving a Section 8, but unknowingly serve an invalid notice, consequently delaying the entire process, which ultimately may result in more lost rent.

Here’s a list of Tenant eviction professionals

Just to clarify, I’ve not used the majority of these services, but they’re services I’m aware of. Each company offer various eviction services, and vary in prices. Look through the list and see which company offers the most appropriate service for you.

Website	Price	Notes
Landlord Assist	From £39	Stage 1: Action letter to tenants £39 Stage 2: Service of Notice(s) to tenant £95 Stage 3: Preparation of Court Papers and Attendance at Court £550 Stage 4: Bailiff to remove tenant and Lock Change £250
Landlord Action	From £117	Stage 1: Service of Notice(s) to tenant £117 Stage 2: Preparation of Court Papers and Attendance at Court £677 Stage 3: Officials arranged to remove tenant £215.19
Possessions Online	From £30	Stage 1: Service of Possession Notice(s) to tenant £30 Stage 2: Preparation of Court Papers £175 Stage 3: Court Representation £225 Stage 4: Officials arranged to remove tenant £175
Legal 4 Landlords	From £99	Stage 1: Service of Possession Notice(s) to tenant £99 Stage 2: Court Proceedings and hearing £499 Stage 3: Officials (bailiffs) arranged to remove tenant £185
Help Land	From £69.95	Stage 1: Service of Possession Notice(s) to tenant £69.95 Stage 2: Court Proceedings and hearing £549.95 Stage 3: Officials (bailiffs) arranged to remove tenant £169.95

Did I miss any out?

Want to be added to the list? Contact me and I’ll explain how it can be done :)

Any recommendations?

Has anyone used a professional eviction service that they can recommend? Moreover, anyone used a service which was shit? Name and shame.

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The Bitch (My Tenant) Received Her Eviction Notice- She’s Not Happy

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Landlord Guide On Evicting Tenants

The Landlord — Sun, 30 Aug 2009 01:04:16 +0000

Here are the steps a landlord typically takes during the process of evicting tenants. The chart doesn’t reflect every open option available; the chart displays the most common options and solutions, along with the pros and cons of each possible route.

If anyone disagrees with this chart, or believes it can be improved, please let me know, and I’ll happily update the content accordingly.

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Section 8 Notice To Quit Form- Evicting Tenants

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How To Evict Tenants

The Landlord — Fri, 04 May 2007 22:48:53 +0000

Evicting Tenants

An “eviction” is a legal proceeding by which the landlord seeks to reclaim the premises, causing the tenant to vacate.

Evicting tenants can be costly, lengthy and complicated situation, so I suggest you take up yoga during this ordeal to gain discipline and self-control.

There are a lot of professional companies out there that will actually handle the eviction for you (for a fee, of course). You can go to the Tenant Eviction Services page for a list of professional eviction companies. If you don’t want to go for that option, you can follow the eviction process independently, but make sure you follow the legal procedure, because it is a criminal offence for a landlord to evict a tenant without doing so. Using improper methods to evict tenants can actually do more harm than good, and you could be deemed liable to criminal prosecution.

A landlord only has a right to evict where the agreement with the tenant contains such a right, and/or where the landlord is able to rely on one of the ‘statutory grounds for possession’.

Statutory grounds for possession

Ground	Description
Ground 1	A claim by the owner who has: a) lived in the property before it was let or b) wishes to recover possession because he needs it as a home for himself or spouse.
Ground 2	A claim by a mortgage whose mortgage predates the grant of the tenancy who needs possession in order to sell the property. A notice must have been served before the tenancy commenced by a mortgagor who is an owner/occupier on the tenant.
Ground 3	An out of season let of a holiday home for a period of less than 8 months. The property must have been let on a holiday basis for the previous 12 months. Notice must have been served by the landlord not later than the beginning of the tenancy that the property may be recovered on this ground.
Ground 4	A tenancy of not more than 12 months and at sometime during the preceding 12 months the property was let to a student by an educational institution. A notice must have been served not later than the commencement date of the agreement that possession could be sought on this ground.
Ground 5	A let of a dwelling that has been used for ministerial purposes and the courts are satisfied that it will again be used for ministerial purposes.
Ground 6	The landlord wants to demolish or reconstruct the property and needs possession so to do.
Ground 7	The tenant has died and possession has passed to a person without entitlement. ( This is only applicable during a periodic term).
Ground 8	At the date of service of the notice and at the date of the hearing, the tenant has not paid the rent, and either rent is payable weekly or fortnightly and at least eight weeks’ rent is unpaid; or rent is payable monthly and at least two months’ rent is unpaid; or rent is payable quarterly and at least one quarter’s rent is more than three months in arrears. Note: When claiming possession under this ground, it is advisable to cite more than one ground since, if the tenant pays off part of the arrears shortly before the hearing, this ground can no longer be proved and possession proceedings will have to be abandoned. It is, therefore, common practice to cite more than one ground for rent arrears (i.e. grounds 8, 10 & 11), if applicable, and to also wait until at least two months’ rent (or eight weeks in the case of a weekly tenancy) is unpaid before issuing the Section 8 Notice.
Ground 9	That there will be suitable alternative accommodation available for the tenant if a Possession Order is made. The Landlord must pay the tenant’s reasonable removal expenses if a Possession Order is made. A tenant can oppose a Possession Order on this ground if the alternative accommodation is not suitable.
Ground 10	Any amount of rent is in arrears at the date of service of the notice and remains unpaid on the date on which the proceedings for possession are begun.
Ground 11	The tenant has repeatedly failed to pay rent.
Ground 12	The Tenant has breached any term of the tenancy agreement (other than one relating to the payment of rent).
Ground 13	The property has deteriorated due to neglect by the tenant or by someone living with him and the tenant has failed to remove that person.
Ground 14	The tenant or someone living with him has caused a nuisance to neighbours, visitors or others in the locality or has been convicted of using the property for immoral or illegal purposes or has been convicted of an indictable offence committed in the locality.
Ground 14A	The property is occupied by a couple and one of them has left due to violence or threats of violence from the other partner or from a member of that partner’s family who was living in the property also. This notice can only be used by a registered social landlord or a charitable housing trust. The tenant who has left must also be sent this notice.
Ground 15	The furniture has been ill-treated by the tenant or by someone living with him and the tenant has failed to remove that person.
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.

You can also evict a tenant for other breaches of the tenancy agreement (e.g. antisocial behaviour or damaging the property), although these proceedings will normally be more complex and expensive.

Steps for evicting tenants:

Step 1 – ask nicely

Before going in all guns blazing, it’s always worth trying the diplomatic approach. Simply ask the tenant to leave and explain your reasons for your request.

You could be surprised, your tenant maybe willing to vacate your property willingly. If your tenant agrees, make sure he/she signs a document clarifying the agreement.

Step 2 – serve a valid possession notice

Failing the diplomatic approach, you should serve a valid possession notice. The landlord or the landlord’s representative (e.g. letting agent) should serve a Section 8 Notice, citing the relevant grounds for possession listed in Schedule II of the Act.

A section 8 is typically enough to force the tenant to surrender the tenancy. Approximately 80% of tenants leave after being served notice.

Please note, failure to serve this notice correctly may delay the repossession and it is wise to consult a professional to advise you or do this for you.

Step 3 – getting a court order:

Once the Section 8 notice has expired and if the tenant has not paid you the rent due or moved out of your property, you may apply for a hearing at a County Court. For more information on arranging a hearing at a county court, please go to the County Court HMCS page.

Step 4 – get the bailiffs involved

Having won the repossession order in court, most tenants will vacate your property as instructed. However, if they do not, you must arrange for Court Bailiffs to remove your tenant.

Extra notes

If your tenant has fallen into arrears, and provided you win your case, you should get what is owed, included the costs of going to court and possibly further compensation. However, if your tenant is not working, you could well find that he/she is permitted to pay the money back over some ridiculous length of time, with the potential for further defaults along the way.
If you decide to use a professional company to evict your tenant, make sure you are aware of the ALL costs.
Make sure that you serve written notice correctly and that you follow all the correct procedures. If there are extenuating circumstances, like the property is in poor order, this may weaken your court claim.
If you are in a position where you need to evict a tenant, you should consult a solicitor or legal body before taking any action. Even if you are relying on one of the grounds for possession that entitle you to a possession order as of right, the court will expect you to follow the correct procedure.
Judges dislike evicting tenants and will not do so if the landlord has not got his paperwork in order. It is very easy for someone who is unfamiliar with the process to misunderstand the rules and get things wrong.

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Section 8 Notice To Quit Form- Evicting Tenants

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