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A landlord should decide the basis upon which they wish to recover the property from the tenants. Are the tenants ‘problem tenants’ and in breach of the terms of the tenancy agreement (usually due to rent arrears) or has the term of the tenancy agreement expired?

In the event that the tenants are in breach of the terms of the tenancy agreement, it is normally advisable to send a section 8 notice. If the tenants are not in breach of the terms of the tenancy agreement but the term of the tenancy agreement has expired, it is normally advisable to send a section 21 notice. In some cases, landlords will send both types of notice in order to give them greater protection.