The MP for Great Yarmouth, Brandon Lewis has penned a letter to Local Authorities about the concerns of advising tenants staying put in the rental property when a Section 21 possession notice has been served,
see the letter here – S21 procedure and PSH letter MP
RETALIATORY EVICTION RULES
These will apply just to assured shorthold tenancies in England which are created or renewed on or after 1 October 2015 (or, if you are reading this after 1 October 2018,to all ASTs).
The infographic (Retaliatory Eviction flowchart) shows how the rules should work.
SECTION 8 POSSESSION NOTICE
A Section 8 possession notice (operating under Section 8 of the Housing Act 1988) is served on a tenant by a landlord who is wishing to regain possession of a property where a tenant has breached the terms of their tenancy agreement, the most common one being rent arrears. The Section 8 notice can be used during the fixed term of the tenancy.
Section 8 notices are available from the ELA office or from the link below. Tel (01603) 767101 or email email@example.com
FOLLOWING UP SECTION 8 NOTICE
You cannot lodge papers with the courts until after the date stated on the notice (Court Proceedings will not begin until after this date) has passed but you can obtain the forms in advance and have them ready to take to the court.
The forms you require are:
They can be found on this website – https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do
You will also need to create a rent schedule in order to show how the rent arrears has accrued. Also include to the court copies of any correspondance you have sent to the tenant regarding chasing the rent arrears.
If the tenant still does not vacate after the possession date given by the Court you will need to obtain form N325 (Request for Warrant for Possession of Land) form the court to request a bailiff to attend. You will need to be there to change locks or have a locksmith there.
SECTION 21 POSSESSION NOTICES
This process is for use when the landlord wishes to give the tenant notice whereby the judge has to award possession to the landlord.
Section 21 Form 6A –
FOLLOWING UP SECTION 21 NOTICE
You cannot lodge papers with the Court until the date stated on the notice (date possession required) has passed but you can obtain the forms in advance and have them ready to take/send to the court. You will need the following Court forms (they can be found at this website – https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do ) and supporting documents:
The Court will grant a Possession Order requiring the tenant to vacate by a specified date (usually within 2 – 4 weeks from the date of Judgement). If the tenant still refuses to leave after the Court Order you will need to complete court form N325 (request for warrant for possession of land). This will request a bailiff to attend – you need to be there to change locks or have a locksmith there.
Members can download the following forms: