A Landlord will only be able to evict a Tenant if they follow a legal process.
If you are a Tenant and you have problems with paying your rent you must contact your Landlord or Agent immediately. You may be able to agree a payment plan to make up any arrears.
Most private residential properties are let by Landlords to Assured Shorthold Tenants.
The Landlord or Agent could give a Tenant a Section 21 Notice or a Section 8 Notice. In some circumstances a Tenant could receive both notices from their Landlord or Agent.
A Section 21 Notice allows a Landlord to evict a Tenant even if they do not owe any rent. In this instance the Court could not prevent an eviction if the Landlord or Agent have fulfilled their “Tenancy obligations”.
A Section 8 Notice requires a Landlord or Agent to give a reason for eviction. If the Landlord or Agent uses a rent arrears ground, it will usually be because the Tenant in more than 2 months’ in arrears. If this is the case, then the Court will have mandatory grounds to allow possession back to the Landlord.
The contents of our blogs is to be treated as general guidance only. Please do not take any action based on the content of our blogs unless you have specifically instructed us to provide you with legal advice. CSB Solicitors do not accept responsibility for any errors or inaccuracies, loss, or damage in circumstances where there is no formal retainer between us and where we have not given you specific advice relating to a matter and where you have given us full details of the same.
The contents of our blogs are based on English Law, and because they contain historical material, that information may be out of date. For that reason, please consider the date that the blog was posted and remember that the laws may differ in different legal jurisdictions.