Landlord and Tenant

Section 8 and Section 21 Notice to Quit - Eligibility Test

This Notice to Quit eligibility test is designed to assess suitability for Pro-Leagle's automated Notice to Quit service.

Tenant eviction can be a complex and litigious area of law. For the purposes of this test it is assumed that the landlord's primary focus is on eviction of the tenant rather than recovery of unpaid rent. The test hence deals with general situations and the results of the test should be used for information purposes only and should not be treated as legal advice.

More comprehensive information can be gained through use of our automated Notice to Quit service or by contacting Pro-Leagle.

Check here to confirm that you understand before beginning the test.
1. Is the property you wish to regain possession of in England?
Yes
No
2. Have you agreed an Assured Shorthold Tenancy with the tenant? If you are unsure, take our AST Qualification Test.
Yes
No
3. Does the tenant pay rent on a monthly basis?
Yes
No
4. Do you think the tenant is no longer living at the property and may hence have abandoned it?
Yes
No
5. Do you wish to evict the tenant before or after the expiry of the fixed term of the Tenancy Agreement?
Before
After
6. Was there a mortgage or charge over the property before the Tenancy Agreement started, and is the lender now repossessing the property for sale?
Yes
No
7. Is the rent a full two months' in arrears? For example, if the monthly rent is £500, is at least £1000 owed by the tenant?
Yes
No
8. Will the tenant be behind in rent payments when you serve the Notice to Quit?
Yes
No
9. Has the tenant persistently delayed payment of rent (although the rent may not currently be in arrears)?
Yes
No
10. Has an obligation of the tenancy (other than one related to the payment of rent) been breached or not performed?
Yes
No
11. Has the tenant, or someone living with the tenant, caused significant damage to the inside of the property or common parts beyond that expected from normal 'wear-and-tear'?
Yes
No
12. Has the tenant, someone living with the tenant, or a regular visitor been responsible for criminal acts (such as drug dealing) or antisocial behaviour (such as noise nuisance)?
Yes
No
13. Has the tenant, or someone living with the tenant, caused significant damage to furniture let with the property beyond that expected from normal 'wear-and-tear'?
Yes
No
14. Was the tenancy only granted because of a fraudulent statement made by the tenant or their representative (for example, incorrect details of income or employment status were knowingly given)?
Yes
No
6. Is the property an HMO (House in Multiple Occupation) which would normally require a licence from your local council to operate? If so, are you currently managing the property without such a licence?
Yes
No
7. Have you placed the tenant's deposit in an approved rent deposit protection scheme?
Yes
No
8. Was the original fixed term of the Tenancy Agreement for less than six months AND do you intend to evict the tenant before they have occupied the property for less than six months?
Yes
No
9. Check the renewal date of the Tenancy Agreement. Has this date expired without being renewed?
Yes
No
Pro-Leagle's automated Notice to Quit service currently only supports properties in England. We hope to add additional functionality soon. However, in the interim Contact Pro-Leagle for eviction assistance regarding properties in Wales, Scotland or Northern Ireland.
Your tenancy agreement may not qualify as an Assured Shorthold Tenancy. You should not use a Notice to Quit. Contact Pro-Leagle for eviction assistance.

Pro-Leagle's automated Notice to Quit service currently only supports Tenancy Agreements with monthly payment of rent. Longer or shorter rent periods can add significant complexity when identifying the correct dates to be entered on the notice. We hope to add additional functionality soon.

It is often difficult to prove abandonment. If a tenant has left possessions in the property then a Court may interpret this as an indication of their intention to return. Should the landlord attempt to re-let a property only for the tenant to return then the landlord could be sued for damages.

If the tenancy is not surrendered by the tenant, it can only be ended by a court order. Contact Pro-Leagle for advice.

You have indicated that you would like to evict your tenant before the expiry of the fixed term of the Tenancy Agreement. This will require a Section 8 Notice to Quit. You can prepare this notice using Pro-Leagle's automated online service. Alternatively, contact Pro-Leagle for assistance.

The mandatory grounds you have for eviction using a Section 8 Notice to Quit are:

  • The property is being repossessed by the mortgage company.
  • Two months' or more rent are owed.

The discretionary grounds you have for eviction using a Section 8 Notice to Quit are:

You do not appear to have any mandatory grounds for eviction. You may hence have to rely on the discretionary grounds. Depending on your circumstances, it could be difficult to achieve eviction using these grounds alone. They discretionary grounds you may be able to rely on are:

  • Some rent is owed.
  • There have been persistent delays in rent payments.
  • An obligation detailed in the Tenancy Agreement has been breached.
  • The tenant is responsible for significant damage to the property.
  • The tenant has committed criminal or antisocial behaviour at the property.
  • The tenant is responsible for significant damage to furniture let with the property.
  • A fraudulent statement was made by the tenant in order to secure the tenancy.
Prepare a Section 8 Notice to Quit now using Pro-Leagle's automated online service.
You have indicated that you would like to evict your tenant before the expiry of the fixed term of the Tenancy Agreement. This will require a Section 8 Notice to Quit. Unfortunately you do not appear to have any grounds for eviction. Contact Pro-Leagle for eviction assistance.
You cannot serve a Section 21 Notice on a tenant in an unlicensed HMO which would ordinarily require a licence. There are multiple problems with running an unlicensed HMO which extend beyond tenant eviction issues. Contact Pro-Leagle as a matter of priority for advice.
You cannot serve a Section 21 Notice until the tenant's deposit has been placed in an approved rent deposit protection scheme and the tenant has been notified of this. We can provide a Rent Deposit Notification Form. Contact Pro-Leagle for service details and cost.
The renewal date in the Tenancy Agreement has expired and the tenancy is no longer an 'Assured Shorthold' Tenancy. It has become a 'Periodic Tenancy'. You are hence eligible to serve a Section 21 Notice to Quit (Periodic Tenancy).
Prepare a Section 21 Notice to Quit now using Pro-Leagle's automated online service.
You are eligible to serve a Section 21 Notice to Quit (Assured Tenancy). However, you can only regain possession of the property after expiry of the Notice to Quit. The expiry date of the notice must fall after the end of the tenancy agreement, and must be at least two months from the date the notice is served on the tenant.
Prepare a Section 21 Notice to Quit now using Pro-Leagle's automated online service.
Regardless of the fixed term agreed in the Tenancy Agreement the tenant has the right (if they so desire) to remain in the property for at least six months. If you intend to evict before this six month period has expired, your Section 21 Notice may not be valid. Contact Pro-Leagle for further advice.

Disclaimer: This eligibility test is for general information only. Always obtain independent, professional advice for your own particular situation.