Processes vary depending on the location and tenancy type. The following information refers to short hold assured tenancies in England only.
If you serve an eviction notice, or receive one from your landlord, it is important to remember that it will not necessarily trigger immediate action, but it is the start of a process and https://www.parachutelaw.co.uk/ Ascot solicitors or firms in other locations can provide advice on this.
Eviction steps:
– The landlord must provide a written notice to the tenant unless the tenancy agreement states otherwise.
– If the tenant is still in situ after the notice period ends, the landlord must apply for a possession order.
– A judge will then decide whether or not to grant possession which determines if the tenant must leave the property.
– If the tenant doesn’t leave the property after a possession order has been granted by a judge, the landlord must then apply for a warrant of possession. If this is granted by the courts, a bailiff will go to the property and remove the tenant.
A landlord cannot evict a tenant without going to court. They must follow the correct legal procedures otherwise it will be considered an illegal eviction. For example, the landlord can’t physically throw a tenant out, change the locks while the tenant is out or force them to leave by threatening them. If this has happened to you, seek legal advice or talk to a specialist charity such as Shelter.
Types of eviction notices
There are two types of notice:
Section 21 notice
These can be used to evict a tenant when the landlord wants to end the tenancy. In most cases, the tenant has not done anything wrong. The landlord will have to give two months’ notice at a minimum but may give longer depending on the original tenancy agreement.
Section 8 notice
A landlord can only serve this type of notice if they have legal grounds for terminating the tenancy. These are most commonly used when a tenant has broken their tenancy agreement by not paying rent or damaging the property. The landlord must give a reason as to why they wish to reclaim their property and this has to be communicated to the tenant in the correct way to ensure the validity of the notice.
Here, the notice period could be either two weeks’ or two months’ notice depending upon the reason for the eviction.
Grounds for eviction
Mandatory grounds require the court to grant the possession if evidenced adequately. Discretionary grounds allow the court discretion.
Section 8 and Section 21 notice
You can also be given both notices at the same time, and must deal with both accordingly.
The first step if you have received one of these notices is to check that it is valid. You should always check that your name is spelt correctly, that the correct address is on the notice and that all named tenants in the original agreement have been named in the notice.
While it isn’t always necessary to have legal representation, you may wish to obtain legal advice at any time, whether as a landlord or tenant. Ascot solicitors or firms in other locations will be able to provide specialist solicitors with experience in Section 8 and Section 21 matters.
End of notice
Before the notice period ends, as a tenant, you will need to decide what to do. This will include considering whether you want to stay in the property, whether you have alternate accommodation, wish to fight the legal process and whether you may have access to legal aid.
