Our specialist Landlord and Tenant lawyers in Bedford are highly experienced and are on hand to advise all property related matters including possession claims.
Landlords may need to be able to evict tenants for various reasons. There are strict regulations and processes that need to be followed to gain possession property and to legally evict a tenant.
This article outlines the key features of the two main types of possession proceedings provided for in the Housing Act 1988: section 8 and section 21.
The process can be complex and therefore, it is vital that you seek legal advice as early as possible.
Any landlord who wishes to take possession of their property must follow the legal process. Forcefully evicting a tenant or changing the locks without permission is against the law and landlords can face criminal proceedings if they do so.
To legally repossess a property a landlord must serve either a section 8 or section 21 notice.
This is a complex area, and we will always advise on the best course of action after reviewing your individual matter. In many instances, we will as a first step serve both Section 8 and Section 21 notices and then act with the one that is going to work best as circumstances change.
There is a lot of confusion regarding the difference between a section 8 and section 21 notice. In simple terms, a section 8 notice can be served if the tenant has breached a clause in their tenancy agreement, most commonly, not paying rent.
A landlord can use a section 21 notice (also known as a Notice of Possession) to allow them to regain possession of the property at the end of the Assured Tenancy or during the periodic tenancy.
Our expert team will advise you on the best type of notice to serve, depending on your specific circumstances, including the reasons for wanting possession and the status of the current tenancy agreement.
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