Sometimes there can be confusion when you receive a notice from a landlord or letting agent to end the tenancy.
Don't panic as it does not mean you have been evicted, although it does suggest that the landlord does want their property back.
In this article we will try and explain the types of notices you are likely to receive and what action you should take.
What is vitally important when renting is that you and your landlord communicate regularly and discuss any issues around your tenancy, so that when the time comes this should not be a surprise.
There could be many reasons why the landlord needs to serve notice and it could be nothing to do with how you have conducted yourself during the tenancy.
Lets look at the types of notice:
Section 21 Notice
This is commonly known as the "no fault" eviction as the landlord does not have to give any reason for serving it.
There are certain steps that the landlord needs to take to ensure that this document is valid and it may be worth checking your records at this point for the following:
- Was your deposit protected? If you paid the landlord a deposit they have 30 days from receiving the funds to protect it. We cover deposits in more detail in the article Do I need to pay a deposit?
- Did you get information about your deposit? There is certain information that the landlord needs to give you in relation to the deposit. This can include details about the deposit protection scheme they used, your landlord's contact details and how to get your deposit back when you leave. There is more information on the Government website
- Have you been charged the right deposit amount? Your landlord should only charge a maximum of 5 weeks rent for a deposit.
- Does the property require a license? If you rent a room in a shared house it may be that the property is what's called a HMO (House of Multiple Occupancy) and these types of properties should have license. Usually there would be certain details displayed on the notice board in the property. If the property should have a licence and doesn't have one the landlord may not be able to serve notice. You can check whether the property requires aa licence by speaking to the Local Authority (council) and you can find who that is here
- Did your landlord use the correct form? The notice should contain the correct information in the form of a government notice template often referred to as a Section 21 or a Form 6A. If you want to know what this looks like you can check here
- Are there any errors on the notice? If there are spelling mistakes or errors it may be that the notice is invalid and the landlord may have to re-serve it
- Can your landlord actually serve it now? If you are in a fixed-term tenancy, your landlord cannot serve a notice if you are still in the first 4 months of your original tenancy. If you have a break clause this may also affect when the landlord can serve notice. Our advice would be to check your tenancy agreement if you are unsure.
- Did the landlord serve the right documents at the start of your tenancy? When you moved in the landlord should have provided you with certain documents including: A valid Gas safety certificate (where applicable), Energy Performance Certificate (EPC) and a How to Rent Guide.
- Is this a retaliatory eviction? If you have had issues with maintenance and have reported the landlord to the Local Authority it may be that they are not able to serve this notice. You can find more information here
- Have you been charged fees that are prohibited? In this article What fees can my landlord charge me? you can see what charges a landlord can make and which ones are prohibited.
If you believed the notice is valid then you can obtain further information here about what to do. You can also make contact with one of the organisations listed in this article: Where can I get more advice about my tenancy?
In simple terms, once the notice has expired the landlord will need to serve papers to the County Court in order to get the property back. You will be notified by post once this process begins and will be offered the chance to raise any issues with the notice.
A hearing will be called which you may or may not be asked to attend. If the notice is successful the judge will award what is called a "Possession Order" which will give you as the tenant anything from 14 - 28 days to vacate the property.
Once this has expired it is likely the landlord or his agent will attend the property to check whether you have moved out. If you have not vacated the property the landlord will then apply to the Courts for what is called a "bailiffs warrant". Once this has been issued, you will receive written confirmation and a date for eviction.
We would urge that you do not wait until then to seek help/advice. Depending on your circumstances you may want to do this as soon as you receive the Section 21 notice. If you are not able to locate an alternative property the Local Authority (council) may be able to help.
Section 8 Notice
This is notice that your landlord can serve during your fixed term. There are several "grounds" that they may refer to in the notice as the reasons for requesting possession of the property. The grounds are listed here
The notice period for these grounds vary. As with the Section 21 notice, the actual notice is a warning that the landlord intends to seek court action to recover their property. You will of course be notified once this has been confirmed. There will always be a court hearing for a Section 8 notice.
The grounds for possession can be mandatory or discretionary.
A mandatory ground means that if the Notice is valid and goes to court, the judge has no choice but to award possession.
A discretionary ground means that the Judge is able to make an informed decision on the evidence presented to them.
It is more likely that the landlord will instruct a solicitor to manage this situation. If you receive a Section 8 notice we would urge that you take professional advice.
After the hearing, as with a Section 21 notice, If the Section 8 notice is successful the judge will award what is called a "Possession Order" which will give you as the tenant anything from 14 - 28 days to vacate the property.
Once this has expired it is likely the landlord or his agent will attend the property to check whether you have moved out. If you have not vacated the property the landlord will then apply to the Courts for what is called a "bailiffs warrant". Once this has been issued, you will receive written confirmation and a date for eviction.