Common mistakes when issuing notices and how to avoid them
By Sharfaa Kerkache, Trainee Solicitor at Woodstock Legal Services
When it comes to evicting tenants there are currently two types of notices readily used to start this process, firstly where there has been a breach of the terms of the tenancy a section 8 notice may be issued. However, if there is no such breach and the landlord simply wants their property back a section 21 notice may be issued on the landlord or on their behalf by their letting agent or a solicitor.
With it taking on average 8 months to evict a tenant, it’s so important that these notices are issued correctly first time as any mistakes can add months to the time taken to regain possession.
Common mistakes to avoid when issuing notices
Squatters are individuals that settle at a property without the consent of the landlord or owner. A Squatter is not a tenant who has stayed on once their tenancy has come to an end.
1. Two working days’ notice is not given for the service of the notice on the tenant by first class post.
When drafting a notice which is to be served on a tenant by first class post, it is important to remember that two extra days on top of the statutory notice period required is given. For example, for a section 8 notice on grounds of rent arrears 14 days’ notice must be given, but if we are posting it by first class post, there must be 16 days between the date the notice is sent out in the post and the date stated on the notice as to when the tenant must vacate by.
Please remember that bank holidays and weekends cannot form part of the service days, so if a notice is being sent by post and the next day is a weekend or bank holiday, this will not form part of the two days allowed for the service of a notice on the tenant.
2. The Landlord’s name is given but with the agent’s address on the notice, or the agent’s name and address is given on the notice with no mention of the Landlord.
In the case of Prempeh v Lakhany the court held that so long as it is clear who would be bringing proceedings a notice would not be invalidated on this account, however it is best to remember that to avoid any arguments made by the tenant or their solicitor, or potentially protracted proceedings, it is best to state clearly the name of the landlord and their address on the notice as they will be the ones bringing any claim should the landlord decide to issue possession proceedings.
3. Where the Landlord is a company the Director’s name and address is given instead of the Company’s.
It is important to remember that the company would bring proceedings and hence the company’s name and full registered address as stated on companies’ house should be given on the notice itself.
4. On a section 8, Ground 8 of Schedule 2 of the housing act is given alone, or the grounds are not copied exactly as they are in the legislation.
When pleading ground 8 failure of the tenant to keep up with their rent payments, grounds 10 and 11 should also be pleaded. All grounds should be stated clearly as they are in the legislation.
5. One or more tenants are not named in the notice.
It is important to remember that if a tenant has not provided formal notice, and returned the keys to the property, they can at any time come back and argue they are entitled to reside at the property, and if they do not have access may try to argue that the landlord has unlawfully evicted them. As such it is important to ensure that the notice makes reference to all tenants named on the tenancy agreement that have a right to reside at the property.
6. The Property address is incorrectly stated.
It is not uncommon to see the property address incorrectly stated, with the wrong postcode, or the wrong door number, or no reference to the flat if in a block of flats. It is important to remember that the full property address including reference to any name or flat number should be made in the notice.
Claims can be thrown out of court for a small technicality which is disastrous for landlords who have waited months for a hearing date. Landlords should obtain legal assistance from solicitors when issuing notices to prevent seemingly small errors becoming big problems during court proceedings.