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How to make sure your eviction notice is legal

How to make sure your eviction notice is legal
Premier Advocates > Legal Advice  > How to make sure your eviction notice is legal

How to make sure your eviction notice is legal

How to make sure your eviction notice is legal

If you’re a landlord about to serve an eviction notice it can be a stressful time and you’ll have a lot on your mind but failing to ensure your eviction notice is legal can cause problems and spiralling costs as you move forward. Knowing what steps you need to take and what should be included in the notice can make the whole process smoother.

According to one law firm as many as 70% of landlords have been held up after serving an eviction notice because of problems within it. The issues arise from many landlords using outdated templates for their notices, unaware that legal changes now mean different requirements are needed, and failing to seek professional legal advice during the initial stage. Eviction processes can be lengthy, time consuming and expensive and delays due to simple errors can put even more pressure on the landlords involved.

  • Understand the notice – Legally you must give your tenants at least two months’ notice if you want to evict them. If you have a fixed term agreement with the tenant you may only serve an earlier eviction notice if the possibility is stated in the tenancy agreement.
  • Be clear and precise – An eviction notice must be given in writing; you can discuss it via other communications if you wish but this should then be followed up. The eviction letter must also be clear and specify the date of the eviction. Dates getting mixed up can lead to delays and problems so make sure you check the letter over several times before sending.
  • Keep several copies – Should you need to take the possession to court you will need to prove that the correct papers were given to the tenants. Keep a copy of the eviction notice as proof of the document you have given them. Where possible, give the notice to the tenants by hand and, if you think there will be problems, take an independent witness with you so it can be verified.
  • Seek legal advice – If you’re unsure of something it’s best to seek legal advice to clarify any questions you might have. Speaking to a professional can save you time and money in the long run and give you peace of mind that should you need to take further steps you’ll be covered legally. Legal advice doesn’t have to be costly and our legal hotline can be a service for landlords to use.