Section 8 Notice to quit \ Section 21 Notice to quit

Section 8 Notice to quit
Once a tenant is served a notice of possession, you have 12 months to start your proceedings. This is explained in Section 8 (3) Housing Act 1988

A notice under this section is one in the prescribed form informing the tenant that:-

  1. the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
  2. those proceedings will not begin earlier than a date specified in the notice which, without prejudice to any additional limitation under subsection (4) below, shall not be earlier than the expiry of the period of two weeks from the date of service of the notice; and
  3. those proceedings will not begin later than twelve months from the date of service of the notice.

Section 21 Notice to quit
Grounds for Possession. Before you can take action to obtain a Possession Order from the County Court, the Landlord must serve a Notice of Intention to seek possession. Under grounds 1, 2, 5, 6, 7, 9 and 16 the Landlord must give two months notice. Under grounds 3, 4, 8, 10, 11, 12, 13, 15 and 17 the Landlord gives two weeks notice - ground 14 can commence immediately.

Key Points:
To terminate an Assured Shorthold Tenancy in England or Wales when the fixed term ends, the landlord or agent must serve a Section 21 Notice (Notice Requiring Possession) giving a minimum of two months notice.

Two types of Section 21 Notice exist: (1) notice served during the fixed term Section 21(1)b and (2) notice for possession that is served during a statutory periodic tenancy Section 21(4)  

Possession during the fixed term can only be obtained if a breach of contract is proved and a Section 8 Possession Notice should be used. Here, the judge has some discretion as to weather or not a possession order is awarded.