Regaining possession of a privately rented property

Information on regaining possession

If you are letting a property on an assured shorthold tenancy and you wish to regain possession there are two ways this can be achieved under the Housing Act 1988:

  • Section 21 notice without grounds (reason) at the end of the fixed term tenancy – two months minimal notice must be given in writing to the tenant before a court possession order can be applied for
  • Section 8 notice ‘seeking possession’ on grounds of 2,8 10 to 15 or 17 as listed in Schedule 2 of the act – these include anti social behaviour and rent arrears

Section 8 notice periods can vary depending on the grounds for which you are seeking possession. Usually this is either fourteen days or two months.

Once the correct notice is served and the notice period has expired you can apply to county court for a possession order, under Section 8 your tenant has rights to appeal against the order once they have received the courts documents regarding your claim.

It is a criminal offence to evict a tenant without following the correct legal procedure.

For further information please click on regaining possession of your property.

Last updated: 10/09/2015 14:21

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