Evictions and Private Rented Tenants
Private tenant notice
You 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 you a:
- Gas safety certificate
- Energy performance certificate
- How to rent: the checklist for renting in England
- Information about any deposit protection (if one was paid)
‘Is it legal’
When a tenant rents from a landlord they have a right to ‘quiet enjoyment’ at their home. It’s one of the things they pay for when renting.
It means that they have the right to use and benefit of their home, without interference from their landlord.
Of course, the landlord owns the home, so they can still come and check to see that it’s being looked after, and see if repairs are needed – but they must give at least 24 hours’ notice (unless it’s an emergency)
Landlords and tenants should always work in cooperation wherever possible on this because it is in both their interests to make sure that the property is kept in good condition, but it should be remembered that a landlord does have the right of access.
Landlords should not interrupt the supplies of gas, electric or water, or use violence, threats, or abusive language or behaviour.
Nor should they let themselves into a home without 24 hrs notice, or open post or remove tenants’ property. All of these actions could be seen by a Court as harassment.
The Council works closely with the Police in these cases because it is a criminal offence, and a landlord may be banned, and then not pass the fit and proper test’ to get a licence to rent in the City.
If a landlord wants a tenant to move out they must follow a strict legal procedure.
Usually, a landlord can only evict by going to Court. Depending on the reason the landlord wants to evict the notice needed can be different.
Where the proper legal procedure is not followed a Court may say that it's an illegal eviction, and this would make a landlord guilty of a criminal offence.
Things to avoid…
- Acting in a way that is likely to interfere with the peace or comfort of a tenant or anyone living with them
- Persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home
If it seems that harassment or illegal eviction have taken place then you should contact us.
You can get further advice and guidance from:
Validity of Eviction
- A Section 21 Notice can’t be served within the first four months of a tenancy
- If the conditions are so poor conditions that improvement notice or an emergency works notice have been served by the Council
- Most of Nottingham City is a Licensing area, so a landlord needs a licence. If they don’t have one a Section 21 Notice cannot be used
- If the landlord has not protected your deposit with a registered scheme they cannot evict you
- Landlords must serve a written notice to leave the home, usually a ‘section 21’ for 2 months’ notice
- Your landlord could take you to court and get an order for you to leave if you chose not to
- If a court decides you should leave it will set a date
How to check if your section 21 is invalid
This is a quicker form of eviction, but landlords must still go to Court, and can only do so if certain conditions are met.
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 to 28 days to leave, although it can allow up to 42.
Types of tenancy
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 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.
We are unable to offer legal advice in these matters and any information on these pages does not constitute legal advice. For up to date information and guidance please visit GOV.UK.