Understanding Section 21 & Section 8 Notices
Since the White Paper in 2019 presented the abolishment of Section 21, the word "Eviction" has been confused with the “service of the notice. This misunderstanding of the legal processes has caused a great deal of confusion which has been repeated ad infinitum by the trade press, national press, news outlets and even the Government. Whilst this may seem a trivial comment given that the previous and current Government have ‘peddled’ the idea that every Section 21 notice served by a landlord equates to eviction when in fact the service of the Section 21 is a preliminary step in the legal process of ending a tenancy. it is not, in itself, an eviction.
Key Documents - The Notices
Formal notices form a fundamental part of the lettings process, and ensuring that the prescribed documents and relevant legislation are properly complied with, is of paramount importance.
Before serving notices, ensuring the notice is properly served is key. Under PART 6 of the Civil Procedure Rules (CPRs) the process of serving documents must be carefully adhered to and so it is important to check the methods of service cited in the tenancy agreement as well as complying with the relevant time frames. For example, does the tenancy agreement allow for notice to be served by email and if so, when would that notice be deemed served?
There are key notices which play an integral part in the lettings process.