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Obtaining Possession under Sections 8 and 21 of the Housing Act 1988

Guidance on Section 8 and Section 21 Notices

PROP.RO.11

This Guidance on Section 8 and Section 21 Notices looks at the ways a Landlord can obtain possession of property from an assured or assured shorthold tenant.

The Guidance refers to the relevant provisions in the Housing Act 1988 and points Landlords of properties in England and Wales towards the appropriate letters and forms to use. For the avoidance of doubt, the England version of the Section 21 Notice must be in the prescribed form, Form 6A.

This Guidance reflects the legislative changes affecting Residential Landlords (and letting agents) in England under the Tenant Fees Act 2019 and in Wales under the Renting Homes (Fees etc.) (Wales) Act 2019. It has been updated to reflect the extended notice periods provided for in the Coronavirus Act 2020 for Section 8 and Section 21 Notices served up to 30 September 2021 in England and Wales.

During the current pandemic the courts have introduced temporary arrangements to assist the courts with possession proceedings during these unprecedented times.  There are currently steps which need to be considered prior to issuing Section 8 and Section 21 Notices.  See our Guidance Notes: Obtaining Possession of Residential Property using the Accelerated Procedure and Guidance Notes: Possession Procedure for Rent Arrears (Section 8 of the Housing Act 1988).

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