Section 21 and Section 8 are both used to serve notice on a tenant, so what is the difference?

There are many reasons why you may need your property vacant again, however when serving notice on your tenant, it is important to observe the correct route to avoid a delay or added expense.

Section 21:

When a landlord serves a Section 21 notice (also known as a Notice of Possession) to their tenant, they do not have to give any reason to do so in order to regain possession.

You must be aware that the notice cannot be served in the first 4 months of a tenancy. This also applies if you have just recently renewed the tenancy and are within the first four months of the renewal time-frame. The notice is valid for up to 6 months but cannot end before the fixed term (the last date of the agreed tenancy).

All new tenancies (from 1st October 2015) are now subject to new regulations associated with the service of Section 21 notices.

You must provide your tenants with the following documents at the commencement of the tenancy:

• The AST (Assured Shorthold Tenancy) Agreement
• A copy of the EPC
• A valid gas safety certificate
• Confirmation of the registered Deposit.
• A copy of the “How to rent” checklist
• A Section 21 notice cannot be served to your tenant if you have not supplied them with the above documents.

Section 8:

A Section 8 notice (also known as a Notice to Quit) can be served at any time during the tenancy if the landlord has grounds for possession after the tenant has breached their contract. An example of a tenant breach of contract is accumulating rent arrears.

There are certain aspects to consider when serving a section 8 which will depend on the grounds for the notice. I go into more detail on this in the section 8 post on here. There are costs involved, such as court fees, when serving a Section 8, so it is important to consider what the best option for you to regain possession is.

It is possible to serve both notices at the same time.

If you require some impartial advise with any of the above and your property, please feel free to contact me using my details below:

Tel: 020 3418 0580

Email: tom@gracechurch-property.co.uk

Until next time

Thomas