Tenant Eviction
Tenant Eviction
There are two types of tenant eviction notices that can be used to bring a tenancy to an end.
The first is a Section 21 Notice which will generally give the landlord possession of the property. The landlord can serve this tenant evictionnotice at any time even if the tenant has not broken any terms of the tenancy agreement; providing that if a tenancy deposit has been paid to the landlord, it has then been placed in a government authorized tenancy deposit scheme. Landlords can only serve a Section 21 notice to regain possession of a property at the end of an assured shorthold tenancy; it cannot be used to expedite possession during the agreedfixed terms.
Tenant Eviction
If landlords wish to regain possession before the end of the agreed term, a Section 8 notice could be served on the basis that the tenant has breached the tenancy agreement. This is most commonly served where the tenant has not paid the rent or other such circumstances including tenants being a nuisance to neighbours or the property is being damaged.
A Section 8 notice will stateto tenants that the landlord intends to seek possession of their property and it will clearly stipulate the grounds on which possession is sought. There are 17 separate grounds in section 8, the most common of which, rent arrears, is covered by grounds 8, 10 and 11. The applicable grounds pertaining to rent arrears are;
Ground 8; Rent is not paid when the notice seeking possession is served, and at the time of the hearing for a possession order:
- A minimum 8 weeks rent is owed and the rent is paid weekly or fortnightly.
- A minimum 2 months rent is owed and the rent is paid monthly.
- A minimum one quarter’s rent is over3 months overdue and rent is paid quarterly.
- A minimum 3 months rent is over 3 months overdueand rent is paid annually.
Ground 10; Rent which is lawfully due to the landlord hadstill not been paid by the time the possession proceedings are started and was owed at the time the notice seeking possession was served.
Ground 11; The tenant has repeatedly failed to pay the rent.
Tenant Eviction
After the Section 8 Notice has been served, the tenant then has 14 days to respond. Once an application is lodged at the court, it generally takes about 5 weeks to a hearing date. The initial court hearing requires the landlord or their agent to present to the court the details of the tenancy, the breach of the agreement, any arrears due and the notice served. In most cases the judge will require the tenant to vacate the property within a 14 day period, although this may be extended to six weeks in somecircumstances.
Landlords are should be aware that it is criminal offence to evict tenants other than by following the requirements of eitherSection 8 or Section 21 of the Housing Act 1988. Landlords may not just evict their tenant or remove them without following the correct tenant eviction procedure.
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