Right at the start of the pandemic’s lock down, the government issued eviction notice protection to tenants. This was a great way for the government to protect vulnerable tenants from loosing their homes. During lockdown, residential landlords had to provide their tenants with a 6 month notice before eviction. As of October 2021, rules are back to normal. Landlords can use section 21 and section 8 notices to evict tenants. Some landlords with multiple housing occupancy properties will also need a licence from the council in order to evict tenants.
Section 8 notice serves to give a landlord the right to take possession of the property. This could be for a variety of reasons coming from the landlord or tenant. The landlord could require possession of the property to take up residence. The landlord might also need to sell the property or refurbish it. But equally, the landlord could seek possession of the property because the tenant is in breach of contract. The landlord needs to fill out an eviction form and specify grounds for eviction.
An official eviction notice form must show the reasons why the landlord wants to ask the tenant to leave. The notice period depends on grounds for eviction stated in the notice form. If the tenants is in breach of contract, it could be as little as 2 weeks. When the notice period is up the tenant must vacate the property. If the tenant remains in the property after the notice period, the landlord can apply for a court order. Using physical force or verbal abuse to evict a tenant is illegal. Also, it is illegal to destroy or take possession of a tenants belongings. Even if tenants owe rent or cause destruction to property, landlords need to be law abiding.
Section 8 can offer a landlord a variety of reasons for the eviction notice. The landlord has to have a valid reason for the eviction. Landlords cannot evict a tenant for reasons that could be considered unfair or prejudiced. One example is evicting a tenant because the landlord has found someone else, family or friend, to take up tenancy. There are mandatory grounds and discretionary grounds by which a tenant can be legally evicted. The eviction notice must specify the grounds for eviction or the tenant could seek a court order against the landlord.
Eviction notices can only be served if the tenant has an assured or assured short hold tenancy agreement. If you’re a landlord and would like to have tenancy agreements drafted for your tenants, please get in touch. SG
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