Eviction and different types of Tenancy
Private tenants must be given a written Notice, and depending on the type of tenancy (and the reason), it will give a date that the landlord wants the property back.
If a tenancy began after the 1 October 2015 and a landlord wants to use a Section 21 Notice the landlord must have given a tenant:
- Gas safety certificate
- Energy performance certificate
- How to rent: the checklist for renting in England
- Information about any deposit protection (if one was paid)
A Section 21 Notice can’t be served within the first four months of a tenancy, and if we are working with a landlord, because of poor conditions in a home, a Section 21 Notice won’t be valid.
Also Nottingham City is a Selective Licensing area,so a landlord must have a licence. If they don’t have one a Section 21 Notice cannot be used.
There are other ways a tenancy can be ended, usually these about tenant behaviour, or a landlord needing a property back for themselves, but it is almost up to a Court to decide, and landlords have to follow a legal process, even where a tenancy has ended.
Tenants can only be given a Section 21 notice by filling in form 6a if the tenancy began or was renewed after 30th Sept 2015.
This is a quicker form of eviction, but landlords must still go to Court, and can only do so if certain conditions are met.
In order to stop an accelerated possession the Court would need to believe that the landlord has not followed those conditions.
The Court will always send a copy of the application for accelerated possession to a tenant, so they can challenge it (within 14 days). Any eviction is up to the Court and will be decided at a hearing. If evicted a tenant will still usually be given anything from 14 or 28 days to leave, although it can allow up to 42.
Assured and Regulated Tenancies
For tenancies that began before 27 February 1997 it’s always worth finding out about the different rules that apply when it comes to eviction, particularly because it is a criminal offence to evict illegally.
Excluded Tenancy or Licence
This is usually where a landlord shares part of their home, such as with a lodger.
In these cases a landlord only needs to give reasonable Notice.
This guide advises what arrangements should be in place and when a lodger should leave.
Non Excluded Tenancies
Non-excluded tenants or licensees have permission to stay somewhere until being given reasonable Notice to leave, and it should still be in writing.
Eviction is still a formality.
Get our latest updates delivered to your inbox.
Sign up for Job Alerts, What's On, Latest News and more...