Due to the Cornavirus crisis some guidance contained within these pages might be out of date, as the Government guidance is changing frequently during this period it is best to check for any changes on the COVID 19 and renting guides.
Serving notice
To serve notice you will need to give your tenant a document stating:
- The current date
- The reasons you want to end the tenancy
- The date the tenancy will ends
If your tenant stays in the property after this date you will need to go to court to get your property back.
The notice you need to serve depends on the type of tenancy. It is important that you serve the right notice and follow the correct legal process.
What type of notice do I need to serve?
Most notices need to be served on a prescribed form and you must complete all sections of the form properly.
If you serve the wrong notice or the notice from hasn’t been completed a court may refuse your application for possession. You wouldn’t be able to take legal possession of your property and you could be accused of illegal eviction.
There are two main types of notice that can be used to end an assured shorthold tenancies depending on why you need to gain possession of the property.
Section 21 notice
A Section 21 notice is often called a ‘no blame’ notice. You don’t have to give a reason why you want your property back and you can’t use it before the end of the fixed term.
You can find out more about a Section 21 notice, the prescribed form and guidance for serving notice for tenancies created after 1st October 2015 can be here.
Section 8 notice
A Section 8 notice can be used at any time during the tenancy if:
- The tenant has breached the Tenancy Agreement; and
- The Breach satisfies the requirements set out in Schedule 2 of the Housing Act 1988.
You can find more information and the prescribed from for serving a Section 8 notice here.
Moving Out
Once it is time for your tenant to move out you will need to make sure everything in the property is as it should be. To do this you should:
- Inspect the property before the end of the tenancy;
- Use the inventory as a guide and don’t forget to allow for ‘fair wear and tear’;
- Give the tenant a list of things you want them to put right and enough time to do the work.
When your tenant moves out you or your agent will need to:
- Unprotect the deposit from the deposit protection scheme;
- Return the deposit to the tenant. If you make any deductions you must explain why you are making these to your tenant;
- Check all sets of keys are returned;
- Check and agree metre readings