If a landlord wants to repossess their property, they cannot simply change their locks when their tenants are not at home. The tenant has a right of occupation due to their tenancy agreement, and landlords need to ensure they serve the correct notice of eviction, issue court proceedings and then obtain a court order for eviction.
At present, tenants are further protected whereby, they cannot be evicted from their rental property due to Covid-19, even if they cannot afford to pay rent, until 20 September 2020. It is yet to be seen whether the government extend this further.
Only after a court order has been acquired, can landlords evict tenants using court bailiffs.
The government website has summarised:
- Emergency legislation to suspend new evictions from social or private rented accommodation while this national emergency is taking place
- No new possession proceedings through applications to the court to start during the crisis
- Landlords will also be protected as 3-month mortgage payment holiday is extended to Buy to Let mortgages
The government has now changed the minimum notice periods tenants receive for evictions from three to six months. This instruction will be in place in England until at least 31 March 2021, apart from in cases involving things like anti-social behaviour and domestic abuse.
What are some of the reasons for rental repossession?
Nuisance tenants, outstanding rent or home requirement – there are many reasons landlords may want to evict a tenant. Nevertheless, tenants have a right of occupation and the landlord will need a knowledgeable solicitor fighting their corner. JMR Solicitors are experienced in rental repossession and can provide you with legal advice needed in current situations.
What is the process of rental repossession?
Most private tenancies are given on the basis of an assured shorthold tenancies. These can be terminated by either a Section 21 notice or by services of a notice under Section 8 of the Housing Act 1988.
Section 21 notice:
A section 21 is served to the tenant when their tenancy agreement comes to an end or after the first four months of them occupying the property and the landlord does not need to have a reason or grounds for service the notice.
However, the landlord will need to demonstrate compliance with various requirements that they gave assured information to the tenant(s), and that they hold a relevant licence if the property requires it.
Section 8 notice:
A section 8 notice however, is only served if the tenant breaches their tenancy agreement, such as non-payment of rent of anti-social behaviour. This can be served anytime during their occupancy as a tenant. The landlord will also need to go through court proceedings.
How can JMR Solicitors help with Rental repossession?
We have experience with rental repossessions including all of the following:
- Serving Section 8 or Section 21 notices
- Drafting and filing claims for possession
- Attending initial possession hearings, represent your case in court
- Enforcing orders for possession
To discuss your unique circumstances and for a free 30-minute consultation, contact JMR Solicitors on 0161 491 3933 or email email@example.com