As a landlord there are a number of reasons why you may need to seek possession of your property from your tenants, and while it is often the last resort, the process can be concerning and stressful for everyone affected.
What’s the best way?
There are specific steps you must take in order to regain possession of your property legally, and if your tenants have signed an Assured Shorthold Tenancy (AST), you have two options
Serving a section 21 (S21) notice, or
Serving a section 8 (S8) notice
Which notice should I serve?
You should use S21 if you simply require your property back at, or after, the expiry of the tenancy. Providing you’ve served the S21 notice to your tenants, it should be fairly straight forward and there’s no need for a court hearing either, so it’s the quickest way.
You should use S8 if your tenants have breached the terms of the tenancy – such as falling behind on rent (rent arrears). However, this route is lengthier than using S21 and you could encounter more complications as your tenants are able to defend it during court proceedings.
It is a tricky situation so, to help, mydeposits has created a new best practice guide with eviction specialists Landlord Action.
It gives you a start to finish account of how to gain possession of your property quickly and legally depending on your circumstances, and offers advice on:
How to go about regaining possession during or at the end of the tenancy
What to expect during the process and how to prepare for any complications you may encounter along the way
What to do if your tenants fail to vacate the property after being ordered to leave by the courts
Don’t get caught out
Remember, when signing a tenancy agreement you’re giving your tenant the legal right to reside in your property and you’re not entitled to the property back without first serving a correct notice.
So make sure you read the guide and prepare as you never know when you might need to go about gaining possession of your property.