To get a tenant out is a job and a half and depending on the reason, the landlord has to either serve a section 21 notice or a section 8 notice.
Sometimes the landlord can do both.
Section 21 notice is for someone to vacate at the end of the term or on a rolling contract, two months notice.
It has to be at least two months notice and that must cover to rental periods and two calendar months. The majority of first-time section 21 notices are invalid because they are short on time. One day short and it will get thrown out. To cover to rental periods and two calendar months may need it to be almost 3 months so if in doubt a landlord should give three months not 2 months to the day. A landlord cannot cannot serve it during the first four months of the term of a new tenancy.
If the tenant has complained of disrepair than the notice is classed as “revenge notice” and is invalid so any repairs would need to be completed before giving notice.
There are other reasons to get tenants out such as the property is being sold, the landlord wants to live it themselves, or there are arrears or other breaches of the tenancy agreement for which it needs section 8 notice. Here is some reading on section 8 notice
Please note that grounds 1-8 are mandatory and if notice is given on the basis of one of those grounds, the court judge must grant possession.
Grounds-17 are discretionary depending on the all the circumstances.
In respect of grounds 8 rent arrears there must be 2 months at the time of the hearing and unfortunately, the tenant can bring rent arrears down on the day of the hearing, two minutes before the hearing, and the application will fail.
Please note that before giving any notice the landlord has to have
1 protected the deposit in a statutory scheme within 30 days of the start of the tenancy and
2 has to have given details of the scheme to the tenant within that period.
If the landlord hasn’t, the tenant is entitled to substantial compensation.
3 No notices valid unless the landlord has also given the tenant:
4 energy performance certificate
5 gas safety certificate
6 Electrical safety certificate
7 guide to renting in England booklet if the property is in England
8 a copy of the tenancy agreement
9 AND depending on the local authority, the authority sometimes require the property and the landlord to be registered with them.
Unless everything has been complied with, then any notice is invalid.
You can see now why many landlords are selling their buy to let property notwithstanding the Queen’s recent speech
If you want to make sure that you will notice is not invalid, get it served by a solicitor and I would always suggest giving three months notice, rather than 2. We don’t actually know whether there would be a saving provision whereby existing notices are still deemed to be valid. However probably better not taking the risk..
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I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
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