In order to evict a tenant you must follow strict legal procedure. An amendment to the Housing Act in 1996 made it a legal obligation for landlords to issue tenants with a written notice to quit a rental property – and this must be done legally, by issuing a Section 21 Notice.
You can use a Section 21Notice to evict a tenant with an assured shorthold tenancy. You can use a Section 21 Notice to evict your tenants either;
- After a fixed term tenancy ends – if there’s a written contract
- During a ‘periodic tenancy’ – a tenancy with no fixed end date
A Section 21 Notice must give your tenants at least 2 months’ notice to leave the property. In order for the notice to be considered legal it must;
- Be delivered in writing, giving the tenant at least two months’ notice
- Be on the correct form if the tenant signed a new contract or renewal agreement on or after 1 October 2015.
Due to the different sections of the S21 notice and the many different types of tenancies that can be issued, carrying out a S21 notice can be complex. LAWTEC Solicitors Housing Team can advise landlords on all matters regarding the issue of a Section 21 Notice to Quit, and can assist landlords, ensuring that the S21 is issued correctly and legally.
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