Ending a tenancy is not just a case of asking a tenant to leave. Landlords have to follow strict protocols if they want to take possession of their property – if they fail to follow the correct procedure they will fall foul of the law and could face all kinds of problems.
There are two ways for a landlord to end an Assured Shorthold Tenancy: Issuing a Section 21 notice is the normal route for the landlords, but they can also use a section 8 notices in specific circumstances, usually if there are rent arrears.
Changes to Section 8 Notices
New legislation came into force on Monday 6th April, which landlords need to be aware of. The wording of Section 8 notices has changed, so if you have any of the old forms in your possession, you should destroy them immediately. New Section 8 forms, with the revised wording, are available for download online.
New Section 8 notices must be used from now onwards. If you inadvertently use one of the old forms the case could be thrown out of court in the event you need to apply for a Possession Order. If you served a Section 8 notice before Monday 6th April, there won’t be a problem as long as the notice was served correctly.
Changes Section 13 notices
Section 13 notices are used if you need to notify a tenant of a rent increase. The wording of Section 13 notices has also been revised, so once again, get rid of any old forms you have and download new ones. Section 13 notices should always be used if the tenancy doesn’t contain a rent review clause.
