Section 8 - Landlord Legal Advice, Landloard Tenant Act

A Section 8 notice is ordered if a tenant has failed to pay rent owed or has breached any of the other terms of the rental agreement. The Section 8 notice applies in England and Wales and indicates the landlord intends to seek possession of the property. It also states to the tenant the reason or grounds why the possession of the property is sought. This official notice tells the tenant to pay outstanding rent within 14 days or to put in a claim under grounds of nuisance, noise or breach of tenancy.

The length of the notice given to the tenant under a Section 8 notice is entirely dependant on the grounds offered for the eviction. In the event of the property being subject to a mortgage that was set up before the Rental Agreement and where the owner of the property wishes to exercise possession rights over the property, the tenant will require two months' notice. In the event of rent arrears over 8 weeks, the courts will give the landlord possession of the property under the mandatory grounds of Section 8. In this instance only 2 weeks notice needs to be given to the tenant.

All other grounds in Section 8 (for example, Ground 13 where the property has deteriorated due to the neglect of the tenant) are discretionary and the court will only award the landlord possession if it is considered reasonable to do so. It can take up to 6 months to evict a tenant if the grounds stated are not provable or if the Section 8 notice is not served in a legal way under the terms of the Tenancy Agreement.

Section 21, Landlord Legal Advice, Landloard Tenant Act

Section 21 is a possession notice served to a tenant who holds a legal Assured Shorthold Tenancy Agreement to inhabit your property. In order to serve this notice legally you must give the tenant two months' notice at the end of the fixed term stated in the Tenancy Agreement. It's worth knowing that when serving a Section 21 order you do not legally have to give a reason for ending the tenancy agreement as long as suitable notice is given to the tenant.

Brought in under the Housing Act 1988, the Section 21 notice allows you to legally take possession of your property once again. This official notice is divided into subsections, each of which takes into account the different terms of existing Tenancy Agreements. It is imperative that you make sure you know in advance how to serve a Section 21 notice legally within the terms of the Agreement you have with the tenant.

A Section 21 notice can be served either by post or in person and generally speaking the courts, in the instance of a posted notice, will accept the date of the notice having been given as the date on which it would have been expected to arrive. This is usually set as a minimum of three working days after it was sent. It is recommended you have a colleague present to witness the sending of such a notice so if challenged you can provide a testimony as to your Section 21 notice having been posted. It is also recommended you send this notice via a secure postal service that guarantees delivery.

You will have to wait until the end date stated in the Section 21 notice before you can begin repossession of your property. After the end date of the Section 21 notice, and in the case of outstanding rent arrears or if the tenant has not vacated the property, you should consider court proceedings in order to take possession of your property.

Landlord tenant act

The many revised Landlord Tenant Acts lay down the basic provisions that a landlord must make to his tenant, such as the upkeep of structural safety but the Landlord Tenant Act also lays down the terms the tenant is legally bound to.

With a basic understanding of the rights of both parties under the Landlord Tenant Act you can set up business as a lessor of your property and avoid difficult situations later. With situations of rent arrears becoming more and more prevalent in landlord forums nationwide, getting the right advice from the outset and understanding your responsibility will stand you in better stead should you encounter a difficult tenant.

For example, tenants are required to keep up regular payments to the lessor of the property unless there is a fault or damage to equipment that supplies heat, gas, electric or water. Should any of these basics prove unsafe or are found to be not in working order the tenant can withhold rent under the Landlord Tenant Act. Making sure you organise regular checks of all domestic appliances supplied in the terms of the contract and keeping an eye on how often your tenant pays can make all the difference should you need to seek an eviction notice. Of course, these checks are also a part of giving tenants a good service as a landlord.

Familiarising yourself with the Landlord Tenant Act is just part of the research you should undertake when considering becoming a landlord for the first time. There are also monthly landlord magazines that will keep you informed of legal changes and with so many landlord forums online and even sites with listings of bad tenants, you can easily do your homework before taking on any new tenants.