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.
Please note there is an online alternative rather than completing the court forms. The website can be found here
Section 8 notices are available from the ELA office or from the link below. Tel (01603) 767101 or email info@easternlandlords.org.uk
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:
- N5 Claim form for Possession of Property
- N119 Particulars of Claim for Possession (for residential properties)
- N215 Certificate of Service
All the above court forms can be searched for 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.
Useful Downloads:
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 download template notice here
- The new Section 21 notice cannot be served in the first 4 months of the original tenancy but it can be served at the start of a tenancy renewal.
- Once served the s21 lasts for a maximum of six months, during which time court action must be started, otherwise a new notice will need to be served.
- The new notice is not required to end on the last day of a tenancy period. It is simply 2 months’ notice. The exception to this is where the tenancy is contracted for quarterly or longer periods, in which case this rent period would be the length of notice required.
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 searched for at this website – https://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do
- Form N5B (possession of property) & N215 (certificate of service)
- Tenancy Agreement
- Section 21 Notice served and witness form if applicable
- Witness Form – download here
- If deposit registered in a scheme the certificate of registration as evidence of being placed in a scheme
- If your property is a licensable HMO under the legislation then the copy of the licence
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.