Possession and Eviction

Possession and eviction are matters that need to be dealt with very carefully. Sometimes this is a straightforward process – simply a matter of a fixed term tenancy coming to an end and the tenants move onto their next house. In other cases this is a more difficult process.

 

The three key areas to know about are section 21 notices, section 8 notices and illegal evictions. These notices are used by landlords to repossess rented properties and are implemented using a court order. Illegal evictions are what should be avoided by landlords, and indeed can be if the correct notices are given.

 

Section 21 Notices

A section 21 notice can be used to repossess a property which is on a fixed-term tenancy. This confers an automatic right to possess the property once the term ends – no grounds e.g. rent arrears need to be proved. The requirements of the notice must be complied with for it to be valid.

 

Section 8 Notices

A section 8 notice is used to repossess a property on one of the grounds listed in the Housing Act 1988 – including rent arrears and where the landlord wants to live in the property. Depending on the ground used, the Court will either have to grant the order for eviction or will have discretion to grant the order. Again, there are notice requirements that must be met.

 

Illegal Evictions

The reason landlords need to be very careful when repossessing a property and evicting the tenants is because illegal eviction is a criminal offence. If carried out incorrectly, tenants can go to court to obtain an injunction that will let them back into the house. Tenants can also claim compensation. Harassment is also a common issue with illegal evictions – sometimes landlords think they are using peaceful means to remove tenants by doing things such as not carrying out repairs, but this is actually harassment.

Our Services

We can advise landlords and tenants on possession and eviction. We seek to obtain the best outcome for you, whether that is advising you of the correct means of evicting tenants, or taking a claim to Court for illegal eviction.

To talk to us about possession and eviction, please call our Bayswater office on freephone 0800 524 4709 to make an appointment or fill in our contact form.

Click below on more Landlord and Tenant advice:

BRIAN COULTER

Recent News

Reviews & Feedback

Contact Us

552 Harrow Road, London W9 3QG

Tel: 0203 7738 738 | Fax: 0207 2219 399 | Email: info@alexandershaw.co.uk 

  • Black Facebook Icon
  • Yelp
  • LinkedIn

Your data will not be disclosed to any third parties without your consent and will only be used for responding to your query.

For more information on how we use your data, you can read our Privacy Policy. 

Alexander Shaw is a trading name of Alexander Shaw Solicitors Limited which is a limited company registered in England and Wales with registered number 10995674. Alexander Shaw Solicitors Limited is authorised and regulated by the Solicitors Regulation Authority number 643633.

Click to see our Privacy Policy and Disclaimer

© 2020 Alexander Shaw Solicitors Limited. All rights reserved

  • Wix Facebook page
  • LinkedIn Social Icon
  • Yelp Social Icon