How To Get Back Possession Of Your Property

If you are a landlord of a property, let on an Assured Shorthold Tenancy, in order to regain possession of that property, it is necessary to serve on the tenant a Notice Requiring Possession.

The Notice must expire before possession proceedings can be commenced.

The form of the Notice that you use will vary depending upon which procedure you adopt to regain possession.  There are two procedures:

• Section 21 of The Housing Act 1988
  
  The landlord must provide a tenant with a minimum of 2 months notice.
  
  The Section 21 Notice can be served at any time during the fixed term but not before the fixed term begins.
  

• Section 8 of The Housing Act 1988
  
  Notice under this section is used when there has been a breach of the Tenancy Agreement on the part of the tenant.  For example non payment of rent or other breach of Tenancy Agreement.
  
  The Court requires that the landlord shows evidence in respect of the tenant’s default.

Depending upon which route you pursue, the following Notice will need to be served:

SECTION 21 NOTICE

Form
There is no prescribed form but notice must be given in writing (if the tenancy was created after 28 February 1997).

Content
The landlord must give notice that ‘he requires possession’ of the premises.

Time limits
The Act simply states that the landlord must give at least 2 months notice.  It is up to the landlord to prove that such notice was given.  Notice can be given at any time up to the last day of the tenancy but can not require possession before the fixed term expires.

SECTION 8 NOTICE

Form
There is a prescribed form that the landlord must adhere to.

Content
The landlord must specify the ground(s) for the possession and give an explanation as to why that ground was relied upon.

Time limits
The landlord must inform the tenant that proceedings can not begin until the date in the Notice (normally 2 weeks from the date the Notice is served) has expired.

 

Failure to get the Notice right, which is easily done especially by unrepresented landlords and due to confusing technical requirements, can result in the landlord going through the process again, which will result in wasted time and possibly the loss of rent.

There are many technical points relating to wording of the Notice that many landlords fall foul of, therefore:

To find out more, you are invited to attend our free seminar where we take you through our three            step solution to regaining possession of your property in a cost effective and efficient way.  This is being held on Thursday 10 April 2008 at 2.00pm at Spratt Endicott, Gilmarde House, 47 South Bar Street, Banbury, Oxon.

For further information, please contact:

Fleur Turrington or Paula Green
Dispute Resolution Department
Spratt Endicott