Eviction Help

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    Eviction Help


    My tenants Assured Shorthold Tenancy contract expired in Feb 2007 but they are not moving out, I wrote them letters advising this but no joy. The court clerk asked me to fill out a section 8 form but this was thrown out on the grounds that it should have been a section 21 form. I was just speaking to a solicitor for the correct advice and he says I have to give them notice and my letters do not constitute notice, then he says I can issue a section 21, then apply for a possession order?

    What the heck constitutes correct notice then and when should it be issued and for how long, is there a form for this?

    You need to issue a section 21 notice - there is a form available for this but it depends on if its a fixed term or periodic agreement now. The notice can be issued at any point in the tenancy but must expire on a correct date - depends again on what status your tenancy currently has - I suspect it is now a periodic so you need to give 2 months notice using the correct form and the notice must expire on the correct date i.e. if your rent payment date is 1st it should expire on 30th for instance - so if you were to issue notice today and the rent is payable on 1st May your notice would not expire until 30th July - you need to ensure you have given the notice by the 30th April at latest and I would advise you to send one copy registered post and hand deliver the other one and keep file notes regarding the delivery of these notices. If they dont go on the date on the notice you then go to court using the correct forms and I always tell my Landlords the total process can take up to 6 months and will cost £240 in court fees. Unless of course there are rent arrears when the section 8 notice may apply. I would suggest best action would be for you to either get a letting agent to deal with this for you or if you can't find an agent willing to do this allow a solicitor to deal with it for you. Vanessa


      Thanks for the info, Tiggy. x


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