Possession Notices - Introduction

Intro | Section 21 | Section 8 | Notice to Quit | Other 

A possession notice is always required before evicting a tenant.  The precise notice to be used depends upon the type of proceedings you intend to bring.

For detailed guidance on choosing the correct notice, see the Which Possession Proceedings Guide

On Landlord Law, most of our possession notices are created via the 'Document Generator'.  This allows you to create your document, with all the correct information, and then download it as a pdf or view it online (and copy and paste the  text into your own word processor if you wish).

The document will then be stored permanently in your My Documents section (unless you delete it).  You can go in and amend the information later and/or use the information to create a new or different form.  See here for guidance on using the document generator.

You will find notes on the different types of notice via the links above.  However below are direct links to the  Document Generator forms.

Note: if your property is in Wales, you can only serve a valid possession notice if you are licensed with Rent Smart Wales.

If you want to use the Landlord Law system, you may first want to watch the video below.  Note by the way that the view of this page does not show the video - as it was recorded before we had a video!  Also the internet browser is Chrome not Firefox as I say in the video.

For the section 8 and section 21 notices, and Notices to quit

NB If you have not created a section 21 notice before (or even if you have) you should use the Section 21 Guide.
 

Guidance on completing the forms is on >> this page which is also linked from the possession notices forms page.

For the covering letters

Some other useful resources:

• My article on the service of documents
• The tenancy deposit compliance checker
• The Eviction Kit Quick Start page

See also the

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 delivered or posted it.  These are the deemed rules of service.

• Personal service - If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.
• First class post - The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
• Delivering the document to the property (eg putting it through the letter box, attaching it to the door, etc) after 4.30pm - the next business day
• Fax - if it is transmitted on a business day before 4.30pm it is deemed served on the same day, otherwise on the next business day
• Other electronic method - If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.

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). 

NB Some people consider that these rules may not apply to notices, which are served before the court proceedings have started.  My view is that if you comply with the deemed service rules you will be safe and it is better to be safe than sorry.