Landlord laws

Landlords seeking eviction of their tenant is a frequent matter which solicitors are asked to advise on. Landlords must be aware that in order to evict a tenant successfully landlord laws must be followed to the letter otherwise they may find that the tenant serves a letter seeking compensation for the mishandling of the eviction. Tenants who have a fixed-term Assured Shorthold Tenancy Agreement, the most common agreement for the letting of residential properties, do have protection from eviction under the law.

Landlord laws state that in order to evict a tenant with a fixed-term Assured Shorthold Tenancy the landlord must have a valid reason for doing so. A landlord must serve their tenant with a properly written Section 8 ‘notice to quit’ specifying the reasons for eviction and apply to the court for a possession order. Under Schedule 2 of the Housing Act 1988 there is a list of 17 valid reasons which a landlord can use for a Section 8 notice and the court will only issue a possession order once satisfied that there are compelling reasons for early repossession. Examples of the valid reasons a landlord can use are:

Rent arrears, in which case a landlord should gather evidence such as statements or other documents for the court
Consistently late rent
Terms of the tenancy agreement have been broken
The property is being repossessed
The condition of the property has deteriorated
The tenant has become a nuisance or annoyance to the neighbours in the locality
The property has been used for illegal purposes

If you would like to obtain advice on landlord laws, then Contact Law can put you in touch with a local law firm with specialist property solicitors free of charge. So, if you have any questions or would like our help in finding local property solicitors please call us on 0808 129 5759 or complete the web-form above.