Eviction and Possession Notices

Fonseca Law can offer a range of services to landlords involved in disputes with tenants. If you need to regain possession of your property, whatever the reason, we can help you to serve your tenants with Section 21 or Section 8 Notices and advise on the best course of action at each stage of the process.

Section 21 Notices

Section 21 Notices can be used to evict tenants whose fixed term tenancy has ended or whose tenancy did not have a fixed end date (periodic tenancy). Section 21 Notices are no fault notices which means the landlord does not need a specific reason to evict the tenant. To utilise this procedure the landlord must:

• Have a valid Rent Smart Wales licence
• Have used a tenancy deposit scheme
• Serve the notice in writing
• Ensure the notice period is at least 2 months long, or the amount of time in between rent payments, whichever is longer
• Ensure the notice does not expire during a fixed term period
• Ensure the notice ends on the last day of a rental period if the tenancy was periodic from the start

Once the notice period for a Section 21 Notice has expired, and the tenant has not left the property, the landlord can apply to the court for a repossession order. If the tenant still does not vacate the property the landlord can ask the bailiffs to perform an eviction.

Section 8 Notices

A Section 8 Notice can be used when tenants have broken the terms of the tenancy. This could be for reasons such as:

• Tenant has rent arrears
• Tenant is regularly late with rent
• Tenant has allowed the condition of the property to deteriorate
• Tenant has caused a nuisance or annoyance
• Tenant has broken any terms of the tenancy, e.g. by subletting

Depending on which terms of the agreement have been broken, the landlord can give between 2 weeks and 2 months notice. If the tenants do not leave the property by the specified date the landlord can apply to the court for a possession order.

If you are having problems with tenants and would like help or advice then please get in touch with us today and find out how we can help with your case.