Most tenants who privately rent are considered to be assured shorthold tenants. Eviction can only happen under certain conditions and there are a set of rules that landlords must follow in order to be able to proceed with an assured shorthold tenancy eviction.
Rights of the Tenant:
When tenancy is for a fixed amount of time, the landlord can only evict if he/she has grounds to.
A landlord can only evict a tenant with a fixed term tenancy if he/she has specific grounds to do so.
The landlord is only able to evict a tenant with fixed tenancy if he/she has valid grounds for eviction.
If a court hearing happens because you refuse to leave, you will most likely be paying the landlord’s court costs.
NoticeA Landlord must provide written notice, whether you are a fixed term or periodic tenant.
Written notice has to be given to both periodic tenants and fixed term tenants; a verbal notice is not accepted.
For a periodic tenant to be evicted, the landlord doesn’t need to have a reason for eviction.
When the deposit of a periodic tenant is held, the landlord can evict using shorthold grounds and this notice has to be in writing, can’t be given any shorter than two months in advance, must be given only on last day in rent cycle, and should state it’s given by virtue of Section 21 of the Housing Act 1988.If a reason is provided for a periodic tenant, a notice must be given for 14 days or 2 months before the eviction is final.
When a deposit is held, the landlord can use the shorthold ground for a periodic tenant, but must provide eviction notice in writing, notice should also be two months in advance, the notice should not be given until the last day in the rent cycle, and it needs to state that the notice is being given by virtue of Section 21 of the Housing Act 1988.
The eviction notice remains valid for an entire year, which means court action can’t take place until after the year has passed.
Grounds for eviction include; property abuse or negligence, tenant is a nuisance, rent is always late, broken tenancy terms, or if the property is being repossessed by an outside source. Harassment, in order to evict a tenant, is illegal and often makes the eviction notice not valid.
If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a huge problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.
