Free Eviction Notices (Residential)

Free Eviction Notices (Residential)

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Eviction Notices (Residential)

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Notice seeking possession of a property let on an Assured Shorthold Tenancy

Housing Act 1988, Section 21(1)(b) as amended by section 194 and paragraph 103 of
Schedule 11 to the Local Government and Housing Act 1989 and section 98(2) and (3) of the
Housing Act 1996

  • This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) is sought under section 21(1) or (4) of the Housing Act 1988.
  • There are certain circumstances in which the law says that you cannot seek possession against your tenant using section 21 of the Housing Act 1988, in which case you should not use this form. These are:
    1. during the first four months of the tenancy (but where the tenancy is a replacement tenancy, the four month period is calculated by reference to the start of the original tenancy and not the start of the replacement tenancy - see section 21(4B) of the Housing Act 1988);
    2. where the landlord is prevented from retaliatory eviction under section 33 of the Deregulation Act 2015;
    3. where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the Department for Communities and Local Government's publication "How to rent: the checklist for renting in England" (see the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015);
    4. where the landlord has not complied with the tenancy deposit protection legislation; or
    5. where a property requires a license but is unlicensed.

    Landlords who are unsure about whether they are affected by these provisions should seek specialist advice.

  • This form must be used for all ASTs created on or after 1 October 2015 except for statutory periodic tenancies which have come into being on or after 1 October 2015 at the end of fixed term ASTs created before 1 October 2015. There is no obligation to use this form in relation to ASTs created prior to 1 October 2015, however it may nevertheless be used for all ASTs.

What to do if this notice is served on you

  • You should read this notice very carefully. It explains that your landlord has started the process to regain possession of the property referred to in section 2 below.
  • You are entitled to at least two months' notice before being required to give up possession of the property. However, if your tenancy started on a periodic basis without any initial fixed term, a longer notice period may be required depending on how often you are required to pay rent (for example, if you pay rent quarterly, then you must be given at least three months' notice, or, if you have a periodic tenancy which is half yearly or annual, you must be given at least six months' notice (which is the maximum)). The date you are required to leave should be shown in section 2 below. After this date, the landlord can apply to court for a possession order against you.
  • Where your tenancy is terminated before the end of a period of your tenancy (e.g. where you pay rent in advance on the first of each month and you are required to give up possession in the middle of the month), you may be entitled to repayment of rent from the landlord under section 2C of the Housing Act 1988.
  • If you need advice about this notice, and what you should do about it, take it immediately to a citizens' advice bureau, a housing advice centre, a law centre or a solicitor.



  1. To Tenant: ____________________
  2. You are required to leave the below address after 26 June 2017 (See note 1 below). If you do not leave, your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.

    Address of Premises: ____________________.
  3. This notice is valid for six months only from the date of issue unless you have a periodic tenancy under which more than two months' notice is required (see notes accompanying this form) in which case this notice is valid for four months only from the date specified in section 2 above.
  4. Name and address of landlord

    To be signed and dated by the landlord or their agent (someone acting for him).  If there are joint landlords, each landlord or the agent, should sign unless one signs on behalf of the rest with their agreement.

    SIGNED by the Landlord

    _____________________________

    Dated: 26th day of June, 2017


    Name
    ____________________

    Address
    _________________ _________________, _________________, , __________________, __________________

    Telephone (Daytime)
    __________

    Telephone (Evening)
    __________

(Note 1) Landlords should insert a calendar date here. The date should allow sufficient time to ensure that the notice is properly served on the tenant(s). This will depend on the method of service being used and the landlords should check whether the tenancy agreement makes specific provision about service. Where landlords are seeking an order for possession on a periodic tenancy under section 21(4) of the Housing Act 1988, the notice period should also not be shorter than the period of the tenancy (up to a maximum of six months), e.g. where there is a quarterly periodic tenancy, the date should be three months from the date of service.

Residential Eviction and Lease Notices

There are two types of eviction notices that can be used to terminate a residential tenancy in the United Kingdom:

  • Section 21 (Fixed and Periodic)
  • Section 8

Section 21 Notice

What is a Section 21 Notice Letter?

A Section 21 Notice, also known as a Notice to Quit or Notice Requiring Possession, can be used to terminate a fixed or periodic Assured Shorthold Tenancy (AST) after the term is over.

What is the difference between a fixed and periodic tenancy?

A fixed term tenancy has a specific end date (e.g. May 30). A periodic tenancy automatically renews once the fixed term has expired. Periodic tenancies can run week-to-week or month-to-month after the fixed term is over.

Who should use a Section 21 Eviction Notice?

A Section 21 Notice is typically used by a landlord to terminate a fixed or periodic Assured Shorthold Tenancy and regain possession of the dwelling. The landlord can end the tenancy for any reason, as long as he or she follows the correct legal procedures and complies with the adequate notice time (2 months) when issuing the eviction letter according to the Housing Act of 1988.

What does a Section 21 Eviction Notice Include?

A Section 21 Notice to Quit includes the following information:

  • Name and address of both the landlord and tenant
  • Address of the dwelling the landlord wishes to regain possession of
  • Date of repossession
  • Reference to Section 21 of the Housing Act

Section 8 Notice

What is a Section 8 Notice?

A Section 8 Notice, also referred to as a Section 8 Notice to Quit or Section 8 Possession Notice, is used by landlords to terminate an Assured Shorthold Tenancy before the fixed term has ended.

When can I use a Section 8 Eviction Notice?

A Section 8 Notice to Quit can be used when the tenant has breached the Tenancy Agreement and it satisfies one of the 17 grounds for eviction. The landlord can issue the Section 8 Notice, but must apply for a possession order from the court to evict the tenant. The order must specify the landlord's intentions of regaining possession to the dwelling, and also the mandatory or discretionary grounds for eviction.

What is the difference between mandatory and discretionary grounds for eviction?

If one of the mandatory grounds for eviction is proven in court, the judge must grant a possession order to the landlord. Conversely, discretionary grounds are subjective and the possession order is granted at the court's discretion.

What information is included in a Section 8 Possession Notice?

The following information is included in a Section 8 Notice:

  • Name and address of both the landlord and tenant
  • Address of the dwelling for which possession is sought
  • Date the eviction notice letter is served and date possession is required
  • The statutory grounds that the tenant violated
  • Reference to Section 8 of the Housing Act

Where can I use a Section 21 Notice to Quit and Section 8 Eviction Notice?

The LawDepot Residential Eviction Notices can be used in:

  • England
  • Wales
  • Northern Ireland
  • Scotland

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