There may be a time when, as a landlord, you need to evict a tenant. And, if you’re asking yourself ‘where do i get an eviction notice?’ then look no further.
Or rather, download this free eviction notice template right here.
Read on and we will explain exactly how – and when – to use it.
Regardless of the reason for your need to download our eviction notice template ie because your tenant has breached their Tenancy Agreement, or you simply want your property back etc, then how you do this legally depends on where your property is located. That’s because you will need to issue different eviction notice forms in Scotland and Northern Ireland than you do if your tenants are in England and Wales.
The eviction notice is the formal piece of paper you need to send to your tenants to let them know they will have to move out because you are looking to repossess the property.
So, if you are a landlord and looking to evict a tenant then this article will help, specifically in providing you with a free eviction notice template which, once you have downloaded, you can go on to customise for your own particular needs.
Free Section 21 Eviction Notice Template
In England and Wales you can use either a Section 21 notice or a Section 8 notice to evict a tenant.
A Section 21 notice (also referred to as a Form 6A in England) is what you use to terminate an Agreement in an assured shorthold tenancy (AST). You could also use this eviction notice for a rolling tenancy if you haven’t received rent for a few months, or if you simply want to repossess your property.
What is a Section 8 Notice?
A Section 8 notice is what you would use for an Assured Shorthold Tenancy if your tenant were in breach of their Lease Agreement. This could be because they weren’t paying rent, or had caused damage to the property. In other words, they had caused ‘grounds’ for possession. Depending on the grounds, you may be able to issue a Section 8 with just two weeks’ eviction notice.
As well as serving the Section 8 notice, you would also need to apply to the court for a possession order. This would state your desire to repossess the property, along with the grounds for eviction.
In Wales, tenants cannot now be evicted until 24 March 2022 in light of the Coronavirus Act 2020 (because they need to be given six months’ notice). The only exception is for anti-social behaviour or some other extreme circumstance, such as vandalism to the property.
What does a Section 21 Eviction Notice involve?
You will see in our eviction notice template that the kind of information you will need to include on a Section 21 Notice, for example, is your name, address and phone number (as the landlord of the property). The tenant’s name and address will also need to be included, along with the date the Notice is being served on and the date you intend to repossess the flat.
The Notice will also refer to the particular piece of legislation of the Housing Act 1998 that the repossession refers to.
In England, if you have a ‘contractual’ periodic tenancy (ie the fixed term ended but it has continued as a periodic tenancy) then the length of the eviction notice must be the same as the rental period eg if rent is paid quarterly then the tenant must be given three months’ notice. In Wales, tenants can stay for additional time which is covered by their last month’s rent.
What does a Section 8 Possession Notice involve?
In a Section 8 Possession Notice you will be expected to supply both your name and address as landlord, and that of the tenant. It must also include the date the notice is served, repossession date and the grounds for eviction. There should also be reference to Section 8 of the Housing Act. You can use our eviction notice template to do this.
Eviction notice letter to tenant: Northern Ireland
If your property is in Northern Ireland then the correct form to use to evict a tenant is a Notice to Quit. This is regardless of whether the tenancy is fixed or periodic.
It can be issued if the tenant has breached their Agreement or if the landlord wants to end a periodic (rolling) tenancy.
The eviction notice period for a Notice to Quit form depends on the length of time the tenancy has been in residence for, or the time stated in the Tenancy Agreement.
You will need proof that the form (ie our eviction notice template) was delivered ie via recorded delivery, a witness or an email response from the tenant.
Notice to quit template: Scotland
A Notice to Quit form is also used in Scotland to evict a tenant. But that’s not all: a Section 33 form must also be sent to officially end the tenancy (or a form AT6 is there has been a breach of the Tenancy Agreement).
The Section 33 Notice – which must be issued within at least two months of the tenancy ending – informs the tenancy of the landlord’s intention to repossess the property, together with the date he or she intends to do that.
A Form AT6 is also referred to as a Section 19 Notice or a Notice of Proceedings and Notice to Quit. This will state on what grounds the landlord is asking for eviction, together with his or her official intention to apply to the court for repossession of the property. The amount of notice required depends on how long the tenant has been in the property and what the grounds for eviction are.
To get started on repossessing your property, simply download our free printable blank eviction notice today. It is a basic eviction notice form, which you can customise to your own specific needs, ensuring that you always stay on the right side of the law.
TIP The new Renters’ (Reform) Bill proposes that Section 21 evictions should end. Read more about the changes due to come in 2024. (potentially)
What is the difference between mandatory and discretionary grounds for eviction?
When it comes to eviction, there are generally two types of grounds or reasons that a landlord may use to seek the removal of a tenant: mandatory grounds and discretionary grounds. The difference lies in the legal requirements and the level of discretion given to the courts or authorities when making a decision on eviction. Here’s an explanation of the two:
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Mandatory Grounds for Eviction:
Mandatory grounds for eviction are specific, predefined circumstances outlined in the law that require a tenant’s removal. These grounds are typically severe breaches of the tenancy agreement or serious legal violations by the tenant. Some common examples of mandatory grounds include:
a. Nonpayment of rent: If a tenant fails to pay rent, it is often considered a mandatory ground for eviction. The specific laws governing nonpayment of rent and the eviction process may vary, but generally, consistent nonpayment can lead to eviction.
b. Illegal activities: Engaging in illegal activities within the rental property, such as drug-related offenses or criminal behavior, can constitute a mandatory ground for eviction. These actions pose significant risks to the safety and well-being of other tenants or the property itself.
c. Damage to property: If a tenant causes significant damage to the rental unit, beyond normal wear and tear, it may be considered a mandatory ground for eviction. This includes intentional destruction or negligent behavior that jeopardizes the property’s integrity or violates the terms of the lease agreement.
d. Breach of lease terms: Certain violations of the lease agreement, such as subletting without permission, unauthorized pets, or conducting prohibited activities, can be considered mandatory grounds for eviction.
In cases involving mandatory grounds for eviction, the courts or authorities typically have limited discretion. If the landlord provides evidence of the tenant’s breach or violation, the eviction is usually granted as a matter of law, without much room for negotiation or consideration of mitigating factors.
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Discretionary Grounds for Eviction:
Discretionary grounds for eviction provide more flexibility and allow the courts or authorities to exercise judgment in deciding whether to grant an eviction. These grounds generally involve circumstances that may not be severe breaches but still give the landlord reasonable cause for seeking the tenant’s removal. Some examples of discretionary grounds include:
a. Rental arrears: While nonpayment of rent can be a mandatory ground, if the tenant is making efforts to repay or has experienced temporary financial difficulties, it may be considered a discretionary ground. The court may consider factors such as the tenant’s payment history, attempts to rectify the situation, and overall conduct before making a decision.
b. Nuisance or disturbance: If a tenant’s behavior consistently causes disruption or disturbs the neighbors, it may be considered a discretionary ground for eviction. This could include excessive noise, harassment of other tenants, or engaging in activities that interfere with the peaceful enjoyment of the property by others.
c. End of the fixed-term lease: When a fixed-term lease comes to an end, a landlord may seek eviction if they do not wish to renew the tenancy. In such cases, eviction may be granted at the discretion of the court, depending on factors like the landlord’s intention, compliance with notice requirements, and the specific laws governing lease termination.
In situations involving discretionary grounds for eviction, the courts or authorities have more discretion to consider the circumstances, tenant’s conduct, and any mitigating factors before making a final decision. This allows for a more balanced and case-by-case approach, taking into account the specific details and fairness to both parties.
It’s important to note that the specific grounds for eviction, whether mandatory or discretionary, can vary significantly depending on the jurisdiction and the specific rental laws in place. It is crucial to consult the relevant local laws and regulations or seek legal advice to understand the specific grounds and procedures applicable in your area.
Balancing Factors:
In cases involving discretionary grounds for eviction, the courts or authorities weigh various factors before making a decision. These factors may include:
a. Tenant’s history: The tenant’s overall rental history and behavior may be taken into account. Factors such as past compliance with the lease terms, timely rental payments, and good tenant conduct can influence the decision.
b. Tenant’s vulnerability: The vulnerability of the tenant, such as their age, health condition, or disability, can be considered by the courts or authorities. Eviction may be less likely if it would cause severe hardship or endanger the tenant’s well-being.
c. Tenant’s efforts to remedy the situation: If the tenant has made reasonable attempts to rectify any issues or breaches, such as addressing noise complaints or curing rental arrears, it may be considered a positive factor in their favor.
d. Landlord’s alternatives: The availability of alternative housing options for the tenant and the landlord’s ability to find suitable tenants can also be considered. If the landlord has viable alternatives and the tenant’s eviction would cause undue hardship, the courts may be less inclined to grant the eviction.
It’s important to note that while discretionary grounds provide more room for consideration, the decision ultimately rests with the courts or authorities based on the evidence and arguments presented.
Notice Requirements:
Regardless of whether the grounds for eviction are mandatory or discretionary, landlords are typically required to provide tenants with proper notice before initiating eviction proceedings. The notice period may vary depending on local laws and the specific grounds for eviction. These notice requirements aim to give tenants an opportunity to rectify the situation, seek legal advice, or find alternative housing if necessary.
Conclusion:
Understanding the difference between mandatory and discretionary grounds for eviction is crucial for both landlords and tenants. Mandatory grounds are typically more severe breaches of the tenancy agreement, while discretionary grounds provide landlords with more flexibility, and the courts have the discretion to consider various factors before granting an eviction. It’s important to consult local laws and regulations and seek legal advice to ensure compliance with specific requirements in your jurisdiction.