Managing rental properties can be challenging, especially when dealing with tenant issues. An Eviction Notice is a vital tool for formally requesting a tenant to vacate the property, ensuring that the process is legal and well-documented.

An eviction notice is a formal written notification from a landlord to a tenant, informing the tenant that they must vacate the rental property by a specified date.

Eviction notice is the first step in the legal process of eviction, which may occur for various reasons, such as the landlord needing the property back or the tenant breaching the terms of their tenancy agreement (e.g., failing to pay rent or causing damage).

Eviction: An Overview

Eviction refers to the legal process by which a landlord removes a tenant from a property.

The eviction process is governed by strict laws to ensure tenants' rights are protected and that landlords follow proper procedures. There are different types of evictions depending on the tenancy agreement and the reasons for eviction.

Tenants have strong rights in the UK. Landlords must follow the correct legal procedures to evict them. A tenant cannot be forced to leave without a court order.

Any attempt by a landlord to evict a tenant illegally (e.g., by changing the locks or harassing the tenant) is considered an illegal eviction, which is a criminal offence.

Tenants also have the right to challenge the eviction in court, especially if they believe the eviction is unfair or the landlord hasn't followed proper procedures.

Eviction Notice: Different Types

There are two primary forms of eviction notice in the UK for Assured Shorthold Tenancies: Section 21 Notice and Section 8 Notice.

Section 21 Notice

Section 21 Notice is a no-fault eviction, used when the landlord wants the property back at the end of the tenancy. No specific reason is required, but proper notice must be given.

Since 2023, this process is subject to increasing scrutiny, and there are plans to abolish Section 21 notices.

Section 8 Notice

Section 8 Notice notice is used when a tenant has broken the terms of the tenancy, such as falling behind on rent or engaging in anti-social behaviour.

Specific grounds for eviction must be provided under Section 8 of the Housing Act 1988.

Eviction Notice: Notice Period

The length of time a tenant is given to leave varies based on the type of eviction notice.

• For Section 21: a minimum of two months' notice is usually required.
• For Section 8: the notice period depends on the grounds for eviction, which can range from two weeks to two months.

What to Include in an Eviction Notice?

An eviction notice must include specific details to ensure it is legally valid and provides the necessary information to the tenant.

• Tenant and Landlord Information
• Date of the Notice
• Type of Eviction Notice
• Reason for Eviction (if applicable)
• Notice Period
• Instructions on Vacating the Property
• Court Action Warning
• Landlord's Signature
• Supporting Documents
• Delivery of the Notice

Eviction Notice – Free Template

Please find a basic template of an Eviction Notice, Section 21 below.

Eviction Notice – Section 21

Date: [Insert Date]

To: [Tenant’s Full Name]
[Tenant’s Address]

From: [Landlord’s Full Name]
[Landlord’s Address]

Dear [Tenant’s Name],

This notice is to inform you that I, [Landlord’s Name], am seeking possession of the property located at [Property Address] under Section 21 of the Housing Act 1988. You are required to vacate the premises by [Insert Date – at least two months from the date of this notice].

Please ensure that the property is returned in good condition and that all personal belongings are removed before leaving. Failure to vacate the property by the above date may result in court proceedings to recover possession of the property.

Kind regards,
[Landlord’s Signature]
[Landlord’s Name]
[Landlord’s Contact Information]