FREE ADVICE ON SERVING NOTICES

There are mainly two procedures to follow when a landlord wishes to obtain possession of his/her property which is let under an AST.  Firstly a Landlord has to make sure that all the licenses are in place, that if the property is in Wales, that the Landlord is registered, that the bonds are also registered and the prescribed information has been served. If in England, retaliatory evictions does not apply when serving a S21 notice.   If all the above is correct, then the landlord can serve either a Section 21 notice, or a Section 8 notice.  The Section 21 notice, is served because the landlord simply wishes to recover the property from the tenant.  the notice is served for 2 months.  Once the two months has expired, then an application for accelerated possession can be made.  The other route is when a tenant has breached a condition of the tenancy, there are mandatory grounds (the Court should make an order) and discretionary grounds, where the Court has the discretion to order possession or not.  With a Section 8 notice it must be served for 2 weeks, rather than the 2 months of a Section 21 notice.  A landlord can recover his/her loses by serving a Section 8 notice (e.g. rent arrears).  It is important that you get all your paper work correct which ever procedure you follow as any discrepancy will give the tenant a complete defence.  Many Landlords find the £60.00 advice line helpful because we can explain the pitfalls and help you to make sure you fast track your eviction process.  It is often difficult to obtain free advice, so for initial guidance, the firm does offer 10 minute free advice which will put you in the right direction.

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