What tenants need to know about being evicted

2nd May 2019

The recent announcement that the government will consult on changes to the rules surrounding tenant evictions is seen as one of the biggest overhauls for renters in a generation.

The announcement is likely to see the government scrap ‘no-fault evictions’ – meaning that landlords would no longer be able to evict tenants from their homes at short notice without good reason – and has been welcomed by housing campaigners.

But what will the proposed changes mean for landlords and tenants and how do they navigate the minefield of legalities? Simon Roberts, a solicitor at DAS Law explains what tenants need to know…

My landlord is threatening to evict me – how do I ensure he is acting within the law?

If you have an Assured Shorthold Tenancy (AST – most tenancies are ASTs) the landlord cannot evict you from the property without a court order. If you have been threatened with eviction please seek immediate legal advice.

What legal processes does my landlord need to follow in order to evict me?

The first step by the landlord in lawfully evicting a tenant will be the serving of a notice to quit. The notice will either be a section 8 notice (requiring grounds) or section 21 notice (requiring no grounds).

Should the tenant not leave following the expiry of the notice the landlord will need to apply to court for a possession order. The order will generally be issued following a hearing and will set a date for the tenants to leave the property.

Should the tenant not vacate the property, the landlord will have to return to court to obtain warrant for possession of land, allowing the landlord to appoint bailiffs to evict the tenant. The landlord is not permitted to change the locks without going through the courts.

What should I do if I receive an eviction notice from my landlord?

Generally, a landlord can only bring a tenancy to an end by serving either a section 21 or a section 8 notice. A section 8 notice has to be in a prescribed form and for breaches of tenancy, such as non-payment of rent, the landlord is required to give 14 days’ notice.

There are various requirements that have to comply with when issuing a section 21 notice, including ensuring that the landlord has complied with the duty to protect the deposit within 30 days. Depending upon locality, a section 21 notice may also require the use of a prescribed form.

Failure to comply with the legal requirement could render the notices unenforceable. Should you receive a notice to quit or possession order you should seek legal advice to ensure that the notice you have been served with is the correct length and has been served on the prescribed form, and that all other legal requirements have been met by the landlord.

Can I appeal an eviction notice?

You cannot appeal a notice to quit but if the notice served was not valid the landlord is unlikely to secure possession of the property. You may be able to appeal against a possession order but only if you can show that the judge made an error of judgement in the possession hearing.

I am up to date on my rent but the landlord wishes to sell the property. Can I be evicted before the end of my lease?

Provided that there are no other issues (e.g. breach of the tenancy), the landlord will have to wait for the fixed term to expire and cannot require you to leave before that date.

I have made improvements to the property during my tenancy – can I ask for compensation of the costs if I am being evicted?

It would depend on the agreement with the landlord. In most residential tenancies (i.e. AST) the tenant is required to seek consent from the landlord to undertake any work in the property, thus it is very unlikely that the tenant will be entitled to any compensation. They may, however, be required to undertake more work to put the property back into its original condition.

I have heard that I should force the landlord to go to court to evict me as this will help me being re-housed by the local authority. Is this true?

It is not uncommon for councils to advise tenants to stay in the property until the landlord obtains a possession order or bailiffs are instructed to evict the tenants.

Simon Roberts

Senior Associate, Solicitor

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