Evicting tenants: what notice is required before issuing proceedings?

Summary

There are certain procedures a landlord must follow when tenants are being evicted from a property. This article explains the requirements for ending an assured shorthold tenancy (AST), which is the most common form of tenancy. A pro-active tenant can often defeat a possession claim due to technical failures on the part of the landlord. We will also consider the required notice periods and deadlines for issuing proceedings. There are two different procedures for terminating an AST under section 8 and section 21 of the Housing Act 1988. * This is usually given when a tenant has breached the terms of the tenancy. * The notice itself must specify the grounds for possession (a list of which is found in Schedule 2 of the legislation). * The most common ground for this type of notice being served is rent arrears. * The minimum notice required in a section 8 notice varies depending on which ground is being relied upon. For example, if rent arrears is the ground for possession, the notice period is just 2 weeks. However, other grounds may require up to two months’ notice. * Unlike section 8, the landlord does not need to rely on any of the grounds for possession when using the section 21.

Key information

• This is usually given when a tenant has breached the terms of the tenancy.
• The notice itself must specify the grounds for possession (a list of which is found in Schedule 2 of the legislation).
• The most common ground for this type of notice being served is rent arrears.
• The minimum notice required in a section 8 notice varies depending on which ground is being relied upon. For example, if rent arrears is the ground for possession, the notice period is just 2 weeks. However, other grounds may require up to two months’ notice.
• Unlike section 8, the landlord does not need to rely on any of the grounds for possession when using the section 21 procedure.
• The advantage of this option is that there is no need to prove an element of tenant default to obtain possession.
• A landlord can use the section 21 procedure to terminate an AST after the fixed term has expired (it is not possible to terminate during the fixed term).
• The landlord can use the ‘accelerated possession procedure’ meaning possession can be regained without a court hearing.
• The minimum notice required in a section 21 notice is two months.
• There are a number of hurdles a landlord must meet prior to sending a s.21 notice.
• There are certain procedures a landlord must follow when tenants are being evicted from a property. This article explains the requirements for ending an assured shorthold tenancy (AST), which is the most common form of tenancy. A pro-active tenant can often defeat a possession claim due to technical failures on the part of the landlord. We will also consider the required notice periods and deadlines for issuing proceedings.
• There are two different procedures for terminating an AST under section 8 and section 21 of the Housing Act 1988.

Practical guidance

• Source: Evicting tenants: what notice is required before issuing proceedings?

Related topics

More in this area

• Deed of variation for a lease: What you need to know
• Do I need an Energy Performance Certificate (EPC)?
• How to get a copy of your lease from Land Registry
• 10 examples of landlord harassment in the UK
• Are there new rules for landlords in 2025?