The easiest way to explain the difference between a Section 8 and Section 21 is that a Section 8 is used to evict your tenant when a tenant is in breach of their contract (e.g. by sub-letting the property without the landlord's consent, or generally failing to meet the terms laid out in the tenancy agreement). A Section 21 on the other hand, is served to end a tenancy agreement simply so that the landlord can regain possession. The tenant does not have to be in breach of their rental contract for a landlord to serve a Section 21 notice.
It is often easier to serve a Section 21 notice because the process for a Section 8 can be costly for the landlord and any grounds you give for the eviction can be contested by the tenant.
Regarding a Section 21 Notice, since 1st October 2015 there are a number of new requirements that must be met to successfully serve a Section 21 Notice.
You must provide your tenants with the following documents at the start of the tenancy:
- An AST Agreement
- A valid Gas Safety Certificate (CP12)
- A copy of the Energy Performance Certificate
- A copy of the Government's 'How To Rent' Guide
If you have not provided your tenants with all of the above documents, you may not be able to serve a Section 21 Notice to your tenants.
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