Noticed served
If you’ve been given any type of notice, you should first check if it is legal. For an assured shorthold tenancy, you could receive a section 21 or a section 8 notice:
Section 21:
A Section 21 notice is sometimes called a ‘no fault’ notice, as your landlord does not need to give a reason. The notice must be valid, otherwise it cannot be used to evict you:
- It must be a 6A form - view a copy of the form
- You must be given at least 2 months’ notice
- Your landlord must apply to the court within 4 months of the end date
- It cannot be given within the first 4 months of your original tenancy
There are other scenarios in which landlords are not able to use a Section 21 notice – see the Citizen’s Advice website for more details, as well as how to challenge a Section 21 notice.
It is possible to receive both notices – ensure that you take steps to deal with both.
It is important that you continue to pay your rent until the day the tenancy ends, otherwise the landlord may take action to recover unpaid rent.
Section 8:
A Section 8 notice can be given if a landlord has a legal reason (‘grounds for possession’) to end your tenancy, such as rent arrears or property damage. The landlord is required to prove this in court.
Your landlord is required to provide at least 14 days’ notice. The landlord has a year to apply to court. The notice must be valid, otherwise it cannot be used to evict you:
- It must be in writing using form 3 - view a copy of the form
- It must include your name, address, the grounds for possession and the notice end date
There are other scenarios in which landlords are not able to use a Section 8 notice – see the Citizen’s Advice website for more details, as well as how to challenge a Section 8 notice.
It is possible to receive both notices – ensure that you take steps to deal with both.