With an uncertain mortgage market and unstable interest rates, many private landlords are planning to sell their rental properties. It’s important to understand the rights, procedures and responsibilities involved in landlord and tenant evictions.
Evictions are a challenging aspect of the landlord-tenant relationship that can arise due to various circumstances, from non-payment of rent to breaches of the lease agreement. A landlord must also serve an eviction notice is they are planning on selling the property.
What are the eviction laws and regulations?
In the United Kingdom, eviction laws and regulations are primarily governed by the Housing Act 1988 and the Housing Act 1996, with additional provisions outlined in the Rent Act 1977 and the Protection from Eviction Act 1977. These laws establish the legal framework for evicting tenants and outline the rights and responsibilities of both landlords and tenants throughout the eviction process.
What are some common grounds for eviction?
Landlords can initiate the eviction process for various reasons, including:
- 1. Non-payment of rent: If a tenant fails to pay rent as per the terms of the tenancy agreement, the landlord may seek eviction.
- 2. Breach of tenancy agreement: If a tenant violates the terms of the lease agreement, such as causing damage to the property or engaging in illegal activities, the landlord may pursue eviction.
- 3. End of tenancy: Landlords may choose not to renew a tenancy agreement at the end of its term, leading to the eviction of the tenant.
What are the procedures for eviction?
The eviction process typically begins with the landlord serving a formal notice to the tenant, informing them of the grounds for eviction and providing a specified period for rectifying the issue or vacating the property. The type of notice served depends on the reason for eviction, with common types including Section 8 and Section 21 notices.
- 1. Section 8 Notice: This notice is served when the tenant has breached the terms of the tenancy agreement, such as non-payment of rent or anti-social behaviour. The tenant is given a specified period to address the issue, usually 14 or 30 days, failing which the landlord can apply to the court for a possession order.
- 2. Section 21 Notice: This notice is served when the landlord wishes to end the tenancy at the end of its term or during a periodic tenancy. The notice period is typically two months, and the landlord can proceed to court for a possession order if the tenant does not vacate the property by the specified date.
What happens if legal proceedings are needed?
If the tenant fails to vacate the property after receiving a notice and the landlord obtains a possession order from the court, the next step is eviction by bailiffs. Bailiffs are authorised to remove tenants from the property if they refuse to leave voluntarily, although they must give advance notice of their visit.
What are the Tenant Rights and Protections?
Throughout the eviction process, tenants have certain rights and protections to ensure a fair and lawful procedure. Tenants are entitled to challenge eviction notices and possession orders in court. Additionally, landlords must adhere to strict legal procedures and timelines when seeking eviction, and failure to do so can result in the eviction being deemed unlawful.
How can Smith & Co help?
If you need legal advice or support to manage this process, our experienced Landlord and Tenant team are on hand to answer your questions about serving notice and also possession orders. Contact Amber Rainford for more information on 01473 228011.
