Focus on Residential Evictions – “No Fault”

There are two ways in which to evict a residential tenant – Section 8 of the Housing Act 1988 which is for when a tenant breaches the Tenancy Agreement and Section 21 of the Landlord and Tenant Act 1985, which is known as the “no fault” notice.   We will cover Section 8 in a different article. 

Under Section 21, if you want a tenant to move out of your property, you can serve a notice that does not require any reason.   

However, please note that there are requirements to use a Section 21 Notice and these are:- 

• You need to provide at least two months’ notice (it is usual to end the tenancy around the date that rent is due but this is not a requirement) 
• You must have provided your tenant with a “How to Rent” Guide 
• You must have provided your tenant with an Energy Performance Certificate, Electric Certificate and Gas Certificates (if relevant). 
• If you have taken a deposit, this must be protected and you must have proof.  In the alternative, you should not take any deposit.  You should also provide the “Prescribed Information” to your tenant.   

It is likely that the Court can hear the matter on papers without a hearing, even if a defence is put forward.  However, you may have to attend Court.   

Please note, if the Renters (Reform) Bill is passed by Government and becomes law, this may change how landlords can rent their properties.  At present, it remains in the House of Commons.   

For further details, please contact our Dispute Resolution Team.  

Progression has a Dispute Resolution Team that can deal with the following matters:- 

• Property Litigation including commercial and private  
• Director/Shareholder Disputes  
• Debt Recovery – unpaid debts both private and commercial 
• Consumer rights 
• Contentious Probate  
• Landlord & Tenant Disputes  
• Professional Negligence 
• Regulatory & Defence

The content of this article does not constitute legal advice and should not be relied upon. Content may be subject to change and we accept no liability for individuals relying on the information within this article. Contact a member of our team for legal advice tailored to your individual needs.