Understanding tenancy types

To regain possession of a property, you must first know the type of tenancy in play. In the private rented sector, the majority of tenancy agreements are assured shorthold tenancies. These give landlords the legal basis to regain possession, provided they follow the correct procedures.

There are two main forms of assured tenancy:

• Periodic tenancies: these continue on a rolling basis, such as week-by-week or month-by-month, and do not have a set end date.
• Fixed-term tenancies: these run for a defined period, such as six or twelve months, with specified start and end dates.

The tenancy structure will determine which notice to serve and how to proceed through the correct legal channels.

What are Section 8 notices?

A Section 8 notice is a legal notice a landlord can serve on a tenant to begin eviction proceedings when the tenant has breached the terms of the tenancy agreement.

In order to service a Section 8 notice, you will need to specify upon which grounds you are relying to evict the tenant and take possession of the property within the notice, which is why it can be best to consult legal advice before taking this step.

Relevant grounds to serve a section 8 notice include:

• You wish to use your property as your or your family's main residence
• Your property is subject to a mortgage, and the mortgage payer intends to sell
• The property requires redevelopment
• The tenant is in serious rent arrears
• The tenant has failed to uphold other obligations (including taking care of the property)
• The tenant is using the property for illegal purposes or causing a nuisance

Many of these grounds for eviction are subject to a decision by the Court as to whether or not possession will be granted. It is therefore important to be thorough when serving a notice to a tenant.

You must give a tenant two months’ notice to leave a property, so if you have plans for the property you should take this time limit into account when determining when you should serve your notice.

A Section 8 notice cannot be served in situations where a tenant has not broken their tenancy agreement. However, if you are seeking to evict a tenant after a fixed-term tenancy ends or during a periodic tenancy, you may be able to serve a section 21 notice instead.

What is a Section 21 notice?

A Section 21 notice allows landlords in England to take back possession of a property let under an assured shorthold tenancy (AST) without needing to show that the tenant has done anything wrong. It can be served at the end of a fixed-term tenancy or during a periodic tenancy, where the agreement continues on a rolling basis with no set end date.

Caveats for issuing Section 21 notices

In order for a Section 21 notice to be valid, certain conditions must be met. Before the tenancy began, you must have provided the tenant with the following:

• A valid Energy Performance Certificate (EPC).
• The most up-to-date version of the government’s ‘How to Rent’ guide.
• A current Gas Safety Certificate, if the property has a gas supply.

Failure to provide any of these documents will invalidate the notice and may delay your ability to seek possession.

When can’t Section 21 notices be used?

A Section 21 notice cannot be served in the following circumstances:

• The fixed-term tenancy is still active and there is no break clause allowing it to end early.
• The tenant’s deposit has not been registered with one of the three government-approved tenancy deposit schemes.
• The local authority has served an improvement notice or a notice of emergency remedial action within the previous six months.
• A prohibited payment has been taken or an unlawful deposit collected, contrary to the Tenant Fees Act 2019.
• The tenant is within the first four months of their tenancy.
• The notice is more than six months old.
• The notice period given to the tenant is less than two months.

Section 21 notices are due to be removed under the government’s Renters (Rights) Bill, expected to take effect by the end of 2025. Once the legislation is in force, landlords will no longer be able to end an assured shorthold tenancy without giving a specific legal reason. This change will limit the use of ‘no fault’ evictions and increase reliance on alternative statutory grounds, such as those available under Section 8.

This marks a significant change in possession rights and will require landlords to rely on alternative grounds for eviction under Section 8 or other statutory mechanisms.

What happens after you've issued an eviction notice?

Once you’ve served an eviction notice, there are several steps you’ll need to take to regain possession of your property through the correct legal process:

• Wait for the notice to expire: you must allow the full notice period to pass before taking further action. During this time, your tenant is entitled to remain in the property. Do not attempt to remove them or restrict their access, as this could be considered unlawful.
• Apply for a possession order: if your tenant has not left by the date stated in the notice, you can apply to the county court for a possession order. This involves completing a formal application and providing evidence that the notice was properly served and all legal requirements were met.
• Attend a court hearing (if required): depending on the type of notice used and whether the tenant challenges it, the court may list the matter for a hearing. You may need to attend and explain why you are seeking possession. In straightforward cases, particularly those under Section 21, the court may decide without a hearing.
• Receive a possession order: if the court grants possession, your tenant will be ordered to leave the property by a set date. If they do not comply, you can take further action to enforce the order.
• Apply for a warrant of possession: if your tenant still refuses to leave, you can apply for a warrant of possession. This authorises court-appointed bailiffs to carry out the eviction and return the property to you.

You must follow each step carefully and in line with the law. Mistakes can cause delays, incur extra costs, or result in the claim being dismissed. AST Assistance can guide you through every stage of the process and help you avoid common pitfalls.

How AST Assistance can help landlords with evictions

AST Assistance provides clear, practical support to landlords dealing with the eviction process. We will guide you through each stage, help you understand your legal rights, and, where appropriate, communicate with the tenant on your behalf to reduce conflict and delay.

Whether you are dealing with unpaid rent, tenancy breaches or simply need to regain possession, we offer advice tailored to your situation. We work with landlords managing single properties as well as those with larger portfolios.

For advice on evicting tenants, contact the team at AST Assistance by calling 01706 619 954, emailing info@ast-assistance.com, or completing our contact form here.