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Reasons for eviction from private rentals

Reasons for eviction from private rentals
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If you’re facing eviction from a private rental, then you may be wondering where you stand. Even if your landlord has asked you to move out, there may be a way that you can stay in your home.

Tenancy agreements

The first thing you should do is check your tenancy agreement. There are two types of tenancy agreement – fixed term and period – and whether or not you can be evicted often depends on the type of contract you have.

Fixed term tenancy

A fixed term contract runs for a certain period of time, usually six months to a year. During this time, you can’t usually be evicted as long as you adhere to the rules laid out in the agreement and pay your rent on time.

Periodic tenancy

It isn’t such good news if you have a periodic tenancy agreement though. This means you are on a rolling tenancy from week-to-week or month-to-month, as long as the landlord is happy to have you living there. Periodic tenancies often come about if you have passed the date on a fixed term contract, but haven’t replaced it. Your landlord can ask you to leave at any time during a periodic tenancy agreement without giving you a reason. However, he must give you notice as described in the contract.

Tenancy deposit

Reasons for eviction from private rentalsIf you’ve paid a deposit as part of your agreement, your landlord will usually have to prove that it has been protected before he can evict you. Ask your landlord for a copy of the deposit protection certificate. If your deposit hasn’t been protected using a government-backed scheme, it can be more difficult for your landlord to evict you.

Landlords can’t forcibly evict tenants; if you don’t wish to leave then your landlord will have to go through the official channels.

Section 8 notice

If your landlord wants you to leave the property before your fixed term lease is up, he must issue you with a ‘section 8 notice to quit’ or a ‘section 8 possession notice’ as it’s also known. To do this, your landlord must have grounds for issuing the notice. These can include rent arrears, frequent late payment of rent, neglect/damage to the property, using the property for illegal activities or the tenant being convicted for an offence in the local area.

Section 21 notice

A section 21 notice can be issued during a periodic tenancy or after the date a fixed tenancy ends. It should be given in writing and give at least two months notice. If you choose to remain in the property after the two months is up, the landlord will have to go to court to have you evicted. You can appeal to the judge explaining why you feel the landlord is wrong but, as landlords don’t need a reason to issue a section 21 notice, the courts usually work in their favour, presuming the notice has been served correctly. However, you can request an extra 42 days to move out. It’s worth noting though, this is only ever granted in exceptional circumstances. If you still don’t move out in the stated time then the court will send bailiffs to remove you and your property from your home.

 

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About Maria Brett

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About Maria Brett

Maria is a freelance writer with over 10 years' experience producing content for a variety of publications and websites. When not working or looking after her two gorgeous sons, she can usually be found playing flugelhorn in a brass band, helping out at her local hospital radio station, shouting at the television while watching Formula 1, at the cinema or plonked on the couch with a cold glass of wine.

Website: Maria Brett

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