The first stage is your landlord giving you a ‘Notice of intention to begin proceedings for possession.’
Check if the Notice is valid
The Notice will be issued under either section:
- 21 - check if it is valid by referring to Shelter Legal England
- 8 - check if it is valid by referring to Citizens Advice
Housing Act 1988 section 21 ‘Notice Requiring Possession'
A Section 21 eviction notice does not need the landlord to state the reasons for the tenancy coming to an end.
A landlord must have fulfilled certain obligations for the notice to be considered valid:
- the deposit must have been placed within an authorised deposit scheme
- the tenants must have been given a ‘How to rent’ leaflet
- there is a valid Gas Safety Certificate
- there is a valid Energy Performance Certificate
- the property must be registered under the local authorities current licensing scheme (unless exempt)
- a section 21 cannot be issued within the first 4 months of a given tenancy and tenants cannot be asked to leave before the end of the fixed term period stated in the tenancy agreement
- the tenant must be given at least 2 months notice
- the landlord must use the correct form
If a tenant fails to vacate the property the landlord has 6 months to apply to the court for a possession hearing. If the court grants permission the landlord will arrange for a court appointed bailiff to remove the tenant from the property.
Housing Act 1988 section 8 ‘Notice Requiring Possession'
A Section 8 eviction notice can be used to end a tenancy before the contract comes to an end, if the tenants have broken the rules of the tenancy in some way, for example if the tenants:
- are more than 2 months behind in their rent
- have damaged the property or furniture
- gained the tenancy by providing false information about themselves
- became a nuisance to neighbours
- have used the property for criminal activities
A landlord must have fulfilled certain obligations for the notice to be considered valid:
- the s.8 notice must give the tenants the right amount of notice
- it must state the date after which court action can start
- it must state the grounds for possession, and explain why they are being used
- the landlord must use the correct form
Possession proceedings
Whether your landlord is seeking possession of their property under section 8 or section 21, the tenant and the landlord must continue to abide by the terms of the tenancy agreement, for example tenants must continue to pay rent, and landlords must continue to maintain the property.
If the Notice is valid
If the Notice is valid we recommend you leave the property by the date given.
Failure to do so will result in:
- your landlord applying to the court for a possession order
- if the court grants the possession order you may have to pay the landlord’s court fee as well as any rent arrears
- failure to pay may result in a county court judgment against you which will seriously harm your credit rating
- whilst going through the eviction proceeding you are still liable to pay your rent and adhere to the tenancy agreement and conditions
So it is in your best interest to seek alternative accommodation or at least seek support in looking for an alternative accommodation as soon as possible. If you are receiving Universal Credit (Housing Element) or Council Tax Benefit you can apply for a DHP (Discretionary Housing Payment) to assist with rent in advance, deposit, and removals.
All deposits should have been kept in a deposit protection scheme; you should see if you are able to use this to help you move. Tenancy deposit protection was introduced by the Government in April 2007 for all assured shorthold tenancies in England and Wales where a deposit was taken. The aim is to make sure you’re treated fairly at the end of your tenancy. Your landlord or letting agent has a number of legal obligations, as set out in the Housing Act 2004, that they need to fulfil to ensure your deposit is protected lawfully and you’re notified of this.
If you know the landlords’ reasons to seek possession are justified and you do not have grounds to contest it in court, we recommend you find new accommodation by the date on the notice, or by a date agreed with your landlord.