Data from the National Statistics confirms that Landlord possession claims have increased by 19% between July 2023 and September 2023 when compared to the same quarter in 2022.
As matters currently stand, there are two main routes to obtain possession of a residential property:
- The ‘Section 21’ Route
- The ‘Section 8’ Route
The Section 21 Route is often known as the ‘no-fault-eviction’. However, before a Landlord can serve a valid Section 21 notice, they need to have complied with various requirements to include, for example, deposit protection, and compliance in respect of Gas Safety and Energy Performance. Where a landlord fails to comply with the requirements, their claim for possession will likely fail.
The Section 8 Route is commonly used when the Tenant has breached a term of the Tenancy Agreement, for example, non-payment of rent.
Both routes have strict requirements in respect of the length of notice to be provided and if a Tenant fails to vacate after the expiry of a notice, Court proceedings are necessary.
It is important that Landlords obtain advice prior to serving any notice to ensure that they are legally able to do so and that the notice is drafted correctly.
At Bromleys, our team of solicitors can advise you on the various requirements, on which notice to serve, and the most cost-effective way to proceed.
To speak to one of our team, please call us today on 0161 330 6821 or email bromleys@bromleys.co.uk.