Housing advice: tenant eviction

Depending on the type of tenancy agreement you have, there are a number of procedures your landlord must follow if they wish to evict you legally.  We have listed the various tenancy agreement types and the legal requirements for eviction.

Assured shorthold tenancies: under the Housing Act 1996 (28 February 1997 – onwards)

• tenancy started after 28 February 1997
• rent is paid to a private landlord
• property is not shared with the landlord or the  landlord’s relatives
• tenant has the right to apply to the Rent Assessment Committee within  the first six months of the tenancy

How does the landlord get possession?

• they must serve in writing a valid Notice Requiring Possession under Section 21 of the Housing Act 1988
• this must be a minimum of two months
• there is no defence to proceedings

Assured tenancies regulated by the Housing Act 1988 and created after 15/01/1989

• most secure type of letting
• it can be created by a verbal or written contract.
• occupier has the right to apply to the Rent Assessment Committee in some circumstances for a "reasonable market rent"

How does the landlord get possession?

• the landlords must serve a valid notice of possession proceedings complying with section eight of the Housing Act 1988 and stating grounds
• there are defences available to the tenant on some of the grounds
• notice period may be two weeks or two months

Common law tenants

• these tenants have a resident landlord but do not share living accommodation such as kitchen or bathroom
• they have little security of tenure

 How does the landlord get possession?

• the landlord must serve a valid 28 day notice to quit and obtain a possession order
• there is no defence

Excluded occupiers

• these occupiers have a resident landlord sharing accommodation and they are not covered by the Protection from Eviction Act 1977 after reasonable notice has expired
• they have no security of tenure

How does the landlord get possession?

• the landlord only has to give reasonable notice and this can be written or verbal
• the duration of such notice is not defined
• generally it can be argued that 28 days should be given but under the criminal law a weekly occupier may be able to demand no more than a week

There are other types of lettings situations that you may come across.  For more information, contact the Housing Advice Team, as we can write letters to landlords on behalf of tenants, explaining the rights of tenants, and will explain to tenants the rights and obligations of their landlords.