Serving incorrect notices is one of the most common — and expensive — mistakes landlords make. Here's how to serve each type of notice correctly.
One of the most common mistakes landlords make when managing difficult tenancy situations is serving incorrect notices. An invalid notice means any possession proceedings based on it will fail, potentially costing months of legal fees and delays. This guide covers the most important notices landlords need to understand.
Section 8 Notice (Notice Seeking Possession)
A Section 8 notice is served when a tenant has breached their tenancy agreement and you wish to seek possession through the courts on specified grounds. The most common grounds are rent arrears.
The notice must: be on the prescribed Form 3 (or a document containing the same information); clearly specify which ground(s) are being relied upon; state the date possession is required (taking account of the relevant notice period for each ground); and be served correctly (by post, hand or in a method specified in the tenancy agreement).
Notice periods vary by ground: Ground 8 (mandatory rent arrears) requires two weeks' notice; Ground 10 (discretionary rent arrears) requires two weeks; Ground 1 (owner occupation) requires two months.
Section 21 Notice (currently)
While Section 21 remains in force, a valid Section 21 notice must: be on Form 6A; give at least two months' notice; not be served in the first four months of the tenancy; and comply with various prerequisites — the deposit must be protected, How to Rent guide and Gas Safety Certificate must have been provided, and the EICR must have been provided.
Section 21 is being abolished under the Renters' Rights Act. Landlords should not rely on Section 21 processes for long-term planning.
Section 13 Notice (Rent Increase)
To increase rent on a periodic tenancy without the tenant's agreement, a Section 13 notice on Form 4 must be served. The notice must give at least one month's notice (for monthly tenancies) and state the proposed new rent and effective date.
Tenants can challenge the proposed rent at the First-tier Tribunal if they believe it exceeds open market rate.
Section 48 Notice
Many landlords are unaware that they are legally required to provide tenants with a UK address at which notices can be served on them. This is typically included in the tenancy agreement. Without a valid Section 48 notice having been provided, no rent is technically legally due — a rarely-invoked but real protection for tenants.
How to serve notices
Always serve notices by a method that provides proof of delivery. First class post creates a presumption of deemed service on the second working day after posting — but keep a certificate of posting. Personal service (handing to the tenant) is definitive but must be witnessed. Recorded delivery is sometimes used but courts have not always accepted this as equivalent to first class post.
Using professional support
Given the consequences of getting notices wrong — potentially months of delay and significant legal costs — always take professional advice before serving possession notices. Our management service includes guidance on notices and can refer you to specialist solicitors where court proceedings are required.