These apply to assured shorthold tenancies and assured tenancies. The tenant can receive a Section 8 notice at any time during the tenancy. The landlord has to provide a reason for giving you a section 8 notice. There are several reasons, or grounds, for serving a Section 8 notice. These include (but are not limited to):

• rent arrears
• damage to the property
• causing a nuisance to neighbours (anti-social behaviour)
• breach of contract terms
• the landlord wants to move back into the property
• the property is being repossessed by the mortgagee

If you do not move out and the landlord wishes to start possession proceedings, they must apply to the court within a year of giving you the notice. If they don’t, the notice will expire and the landlord cannot use it.

Validity of a Section 21 notice

When you receive a Section 21 notice, you can check that the notice is valid. You can contact us on 0121 558 7961 for legal advice if you are unsure. To serve a valid section 21 notice, the landlord must have completed the following steps, although not all of these will be relevant to every tenancy

• Not sooner than 4 months: You are given the notice not sooner than 4 months after your (first) tenancy of the property started.
• Form 6A: You must ensure the landlord has used Form 6A (or a document setting out the same information as is required under that form) when giving notice for tenancy started after 1 October 2015.
• Deposit Protection Scheme: You must ensure your deposit is protected in a government-approved deposit protection scheme within 30 days of your most recent contract starting date and it gives you information about where your deposit is held. This is known as ‘prescribed information’.
• Licence: Check whether the landlord has obtained a licence for the property from the local authority if the property required one.

For more information or advice please contact us on 0121 558 7961 or fill in our enquiry form and we will get back to you.