Possession Notices
Intro | Section 21 | Section 8 | Notice to Quit | Other
This section contains links to the notices you will need if you decide to evict your tenants, plus notes and covering letters.
If you need guidance you will find a help video >> here.
(Note - if you are not a logged in member you will not be able to follow any of the links to the members only content on this page).
As a general rule, if you are looking to evict your tenant, you will need to serve the proper form of notice first. If this is not done you will not normally be entitled to a possession order at court, even if otherwise you would have a good claim.
The Landlord Law possession notices are created using our document generator software. Be sure and always read our guidance notes when completing the document generator form (you will find them linked from the top of the form itself - the page will open in a new window).
There are also covering letters you can use when serving the notices if you wish.
If you want to read up on the subject first, we have an article with advice for landlords on possession notices which you may find helpful.
Notices must be in the proper form, and give the proper information. A letter asking the tenant to leave will not normally be sufficient. Also if you threaten to evict a tenant without following the proper procedure, and without using the correct forms, this can be classed as harassment which is a criminal offence.
IMPORTANT NOTE
It is essential that these notices are drafted correctly. Take the time to read all the relevant notes carefully, and don't do them if you are feeling rushed and flustered.
A mistake could prove very expensive, for example if a Judge rejects your claim for possession due to errors in the notice. If this happens you could even be ordered to pay your tenants legal costs! So be very careful.
Preliminary matters
Before creating your notice you should do the following:
If you are at all uncertain about the type of tenancy you have, follow the >> Tenancy Trail. If you serve the wrong notice for your tenancy type this could lose you a lot of time, or at worst you could lose your case at court.
(Note - the tenancy trail is quite detailed and some people may find it too detailed - if so, you can also find out which tenancy type you have from the Which Tenancy Agreement trail.).
It may also be helpful for you to follow the Which Possession Proceedings Trail at this stage.
Read >> our article on the service of notices which has important information about how you can serve your notice. Remember that if you cannot prove you have served a notice, then to all intents and purposes it hasn't been served, and the whole exercise will have been a waste of time.
Deemed service rules
It is not always realised that a notice is sometimes treated as if it was served on a different day from the day that you deliverd or posted it. These are the deemed rules of service.
- First class post - the second business day after it was posted
- Delivering the document to the property (eg putting it through the letter box, attaching it to the door, etc) - the next business day
- Fax - if it is transmitted on a business day before 4.00pm it is deemed served on the same day, otherwise on the next business day
- Other electronic method - the second business day afrer it was transmitted
Note also that
Deliveries after 4.30 pm are treated as being served on the next business day
'Business day' means any day except Saturday, Sunday or a bank holiday (and bank holidays include Christmas Day andf Good Friday).
