Drafting & Serving Notices
The landlord and tenant specialists at Percy Hughes & Roberts Solicitors have years of experience in providing legal services for landlords, including the drafting and serving of notices. We have helped many property owners with all legal aspects of their dealings, and are well placed to offer advice.
From our offices in Birkenhead, we provide a comprehensive landlord and tenant service for clients in relation to drafting and serving notices. Contact us today by calling 0800 781 3894 or fill out an online enquiry form and we will be in touch at a time that is suitable for you.
Landlords who wish to regain possession of a residential property from a tenant must initially serve the tenant with a notice. There are two main types of eviction notice:
- Section 8 notice - requires the tenant to vacate within two weeks (although some grounds may require four weeks)
- Section 21 - which gives a tenant two months to vacate the property
Section 8 notices are used where the tenant has broken the rules of the tenancy in a serious manner, e.g. is in 2 months arrears of rent.
This form of notice requires the tenant to leave within 14 days.
A section 21 notice is served when the landlord simply wants the property back. There is no need in this case to prove any breach of the tenancy terms.
However, it is very important that a Section 21 Notice is served at the right time and that the correct wording is used. There is a prescribed form of wording which must be used. Failure to serve a notice correctly will mean the landlord will have to start from scratch and valuable time will have been lost.
We are experienced in dealing with these. They can occasionally become extremely technical and difficult. Our experience will enable you to find your way through what can be a difficult process.
Once a Section 8 or Section 21 Notice has expired a landlord must then take possession proceedings through the courts to obtain possession. Failure to do so, i.e. attempts to evict a tenant without a court order, can amount to Illegal Eviction or Harassment These can be treated as criminal offences.
A landlord who wishes to take a deposit from a residential tenant must place it in a recognised deposit scheme. Failure to do this leads to a double hazard for the landlord, namely:
- They will not be allowed to issue possession proceedings until the deposit is protected, and
- The tenant can bring proceedings against the landlord for failure to protect the deposit. This can lead to the landlord being required to repay the deposit to the tenant, and in addition having to pay compensation of up to 3 times the value of the deposit.
Failure to follow the deposit rules can therefore prove extremely expensive.
Possession proceedings and the rules relating to ASTs and the various notices are a potential minefield for the unwary or uninformed landlord.
Our knowledge and experience will be invaluable to you in guiding you through unscathed.
How we can help
Serving a notice can be complicated, and understanding which one to serve and how to serve it can often be difficult. The solicitors at Percy Hughes & Roberts can help you with all aspects of this process, helping you every step of the way.
Contact Percy Hughes & Roberts
To speak to our property solicitors at Percy Hughes & Roberts, give us a call on 0800 781 3894, or complete the enquiry form on our contact page to send us a query by email.