We are regularly instructed by both commercial and residential landlords to serve notices on tenants in relation to their commercial or residential tenancies.

Residential LandlordsCommercial Landlords
Section 21 NoticeBreak Notice
Section 8 NoticeSection 25 Notice
Reactivation Notice (NewSection 17 Notice

We also assist both types of Landlords with serving documentation relating to possession orders, but this is covered seperately.

How we help residential Landlords

CORONAVIRUS UPDATE FOR RESIDENTIAL LANDLORDS

SECTION 8 NOTICE

If you are serving a Section 8 notice in ENGLAND after 26 March 2020, the minimum notice must be 3 months. The government has said that the minimum notice is likely to be extended to 6 months.

In WALES, if you served a notice after 24 July 2020, the minimum notice must be 6 months.

SECTION 21 NOTICE

In ENGLAND, if the notice is dated after 26 March 2020, the minimum notice is 3 months. The government has said that the minimum notice is likely to be extended to 6 months.

In WALES, if you served the notice after 24 July 2020, the minimum notice must be 6 months.

Section 8 Notices

This notice is properly called a ‘Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy’.

It can be used by Landlords who hold an Assured Shorthold Tenancy and where the tenant had breached the terms of the tenancy. This can be used in situations where the tenant has not paid their rent but could include any term of the lease. You will need to specify, in the Notice, which terms had been broken.

NOTICE REQUIREMENTS

You need give between 2 weeks and 2 months depending on which terms have been broken and the frequency the rent is paid (weekly, monthly etc).

Section 21 Notices

This is a very common notice that is served upon a Tenant by a Landlord and can be served regardless of whether the tenant has breached the terms of the lease.

It can only be served at the end of, or after a fixed term tenancy ends. It can also be used where there is a tenancy with no formal end date (such as where the initial period under the tenancy expires without the lease being formally renewed). There does not need to be rent arrears before this notice can be served.

NOTICE REQUIREMENTS

There are quite a few preconditions which prevent a Landlord from serving a Section 21 notice and they vary between England and Wales. We would always recommend you seek independent legal advice before preparing to serve a tenant with such a Notice.

Reactivation Notices

There was a general pause (‘stay’) in relation to possession proceedings in England and Wales until 23 August 2020. This has now been extended to 20 September 2020.

PROCEEDINGS ISSUED BEFORE 3 AUGUST 2020

It is now a requirement that where possession proceedings were brought before 3 August 2020 and subject to a stay, they cannot be relisted before the Court one party (usually the Landlord) serves the tenant with a ‘Reactivation Notice’. Once evidence has been provided to the Court that this has been done, the Court will then relist the possession hearing to the next available date after 21 days.

PROCEEDINGS ISSUED ON OR AFTER 3 AUGUST 2020

The Landlord needs to serve, not less than 14 days before the hearing, upon the tenant a Notice setting out what knowledge the Landlord has as to the effect of the Coronavirus pandemic on the Tenant and their dependants. Here is an example of a reactivation notice.

Where the claim is based on rent arrears, the Landlord will have to include, as part of the notice, a statement of rent covering a maximum of the previous 2 years.

How we can assist Residential Landlords

We’re regularly instructed to assist Residential Landlords in the administration involved in terminating a tenancy.

If you want us to assist you in serving notices upon a tenant, click on the ‘Instruct Us’ button.

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How we help Commercial Landlords

CORONAVIRUS UPDATE FOR COMMERCIAL LANDLORDS

Section 82 of the Coronavirus Act 2020 prevents any forfeiture between 26 March to 30 September 2020 , whether by proceedings or peaceable re-entry, of the vast majority of commercial leases for non-payment of any sums due under the lease .

Those sums will still remain due to the Landlord when the restricted period ends.

The 30 September 2020 deadline may well yet be extended.

Break Notices

We serve break notices on tenants where the break clause is being exercised by the Landlord. Service of break notices is time specific and we assist by making sure that the break notices are served on the correct day.

Whilst its rare that the matter ever finds its way to Court, we always provide a Statement of Service.

Section 17 Notice

We help commercial landlords by serving Section 17 notices on former tenants or guarantors.

This allows a commercial landlord to pursue the former tenant for any outstanding rent arrears. Again, limitation is an issue here and the notice must be served within 6 months of the rent arrears falling due.

As ever, we provide a Statement of Service to confirm that service has been carried out correctly.

Section 25 Notice

Whilst these Notices are often used to set a time limt around neogtiations for a new lease, serving a Section 25 Notice on a commercial tenant is a time critical instruction for us. We work closely with solicitors to make sure that the notice is validly served to avoid potential conflict later on.

INSTRUCT US

How we can assist Commercial Landlords

We’re regularly instructed to assist Commercial Landlords in the administration of the landlord and tenant relationship.

If you want us to assist you in serving notices upon a tenant, click on the ‘Instruct Us’ button.

We are Lincs Process Servers

We serve legal documents all over Lincolnshire, Cambridgeshire and Nottinghamshire for a fixed fee. We assist our creditor partners and their professional advisors with their debt collection by providing field services aimed at driving recoveries, delivering intelligence and maintaining the customer-supplier relationship.

If you, or one of your clients, would benefit from this approach, get in touch.

Disclaimer

We’re not lawyers. We’re process servers. We are not in the business of giving legal advice. These articles are really to put across our own opinion (why else would we write them?) and should not be relied on as legal advice. if you want legal advice, you should always get a solicitor.