Eviction Disputes: A Guide for Landlords and Tenants

With the increase in rental properties and fears about the implementation of the Renters' Rights Bill, Landlord and Tenant Solicitors have seen a rise in eviction disputes.

Eviction signals the end of a tenancy agreement between landlord and tenant. Unfortunately, the end of a tenancy agreement or service of a Notice can result in an eviction dispute.

In this Guide, our Eviction Solicitors look at how to manage the eviction process to avoid a dispute.

Contact our Landlord and Tenant Solicitors for advice on possession proceedings and eviction.  

Reasons for eviction

The reasons for an eviction can influence whether an eviction will result in an eviction dispute. Some common reasons why landlords ask tenants to leave a rental property include:

1. No-fault eviction.
2. Rent arrears.
3. Anti-social behaviour.
4. Breach of the tenancy agreement.

A no-fault eviction can cover many scenarios, such as the following:

1. The landlord wants to sell the rental property.
2. The landlord wants to move back into the property or allow another family member to do so.
3. The landlord wants to carry out renovations so they can place the property back on the rental market at a higher rent.
4. If the tenant has breached the tenancy agreement, for example, by not paying their rent on time, a no-fault eviction could be the easiest way to secure possession.

Reasons for eviction disputes

Whatever the reasons for the eviction, it is easy for a landlord and tenant to get into an eviction dispute.

Common reasons for eviction disputes include:

1. The landlord is unhappy because the tenant did not leave the property on the notice date.
2. The tenant thinks the landlord is carrying out a revenge eviction.
3. The eviction involves a rent arrears claim.
4. There is a deposit or disrepair dispute.
5. The tenant thinks the landlord is in breach of their obligations as a landlord, or the landlord thinks the tenant has breached the tenancy agreement.

No-fault eviction disputes

No-fault eviction disputes can stem from a lack of communication between landlord and tenant and incorrect assumptions being made.

Examples of reasons for no-fault eviction disputes include:

1. A landlord does not realise how few affordable rental properties there are in the local area or the competition for them, making it impossible for the tenant to move by the notice date.
2. The landlord has not taken legal advice and does not realise their actions could amount to an unlawful eviction and tenant harassment.
3. The tenant must wait until eviction day before leaving the property; otherwise, the local authority will treat them as having made themselves intentionally homeless.
4. The tenant is in arrears, and the landlord still has their mortgage and bills.
5. The landlord booked property maintenance repairs assuming the tenant would leave on the notice date.
6. The tenant needs their deposit back before renting another property, but there is a deposit dispute.

Whatever the reason for the eviction dispute, Landlord and Tenant Solicitors recommend reaching an agreement to avoid the expense of court litigation. This can be achieved through an initial consultation with one of our specialist Landlord and Tenant Solicitors, followed by a letter before action.

What is an eviction notice?

An eviction notice can be called:

1. A Section 21 notice (no-fault eviction notice) or
2. A Section 8 notice or
3. A notice to quit

The type of eviction notice required will depend on:

1. The type of tenancy agreement.
2. The reasons for the eviction.

A Section 21 notice or no-fault eviction notice can be sent even if the landlord has mandatory or discretionary grounds to serve a notice under Section 8. A notice to quit is appropriate if the person is not a tenant but a lodger or living at the property under a licence agreement.

Landlord legal advice should be taken before sending an eviction notice to check:

1. The notice is appropriate to the type of tenancy agreement.
2. The notice is valid.
3. The landlord has included the correct notice period and leave date.
4. The proposed service of the notice will be valid.
5. It is the most appropriate notice to use to end the tenancy and get possession as quickly as possible.

The potential pitfalls of not taking these steps include:

1. Two months go by after service of a Section 21 notice, but the landlord cannot progress the possession proceedings as their notice was invalid. A notice could be invalid if the landlord failed to give their tenant prescribed information at the start of the tenancy agreement for an assured shorthold tenancy or if they failed to secure a tenant’s deposit in a recognised deposit scheme. Taking early landlord advice can save both time and money as a Landlord Lawyer can advise on the steps a landlord must take before being able to serve a valid notice.
2. The landlord served a Section 21 notice with a two-month notice period, but they had the grounds to secure mandatory possession under Section 8 with a shorter notice period.

It is equally important that a tenant checks the validity of their notice because if a Tenant Solicitor tells you the notice is invalid, it will delay the eviction and may even persuade the landlord to let the tenant stay at the property because of the time needed to sort out the notice and secure possession. 

The steps for eviction

The law requires a landlord to follow the correct steps to regain their property, even if they believe their tenant was at fault. For example, nonpayment of rent. The tenant may think their rent withholding was justified due to urgent disrepairs.

The eviction steps are as follows:

1. Check to see if the notice provisions for an assured shorthold tenancy have been complied with and what the best type of notice to send is.
2. Ensure the notice gives the prescribed information to the tenant.
3. Wait for the end of the notice period.
4. If the tenant has not left voluntarily, decide on the type of possession claim to start.
5. Start possession proceedings and apply for a possession order.
6. If the tenant has not left after being served the possession order, apply for a warrant to evict.
7. Bailiffs arrange an eviction date.

If a landlord tries to regain possession of the property before the end of the notice or without a court order, the tenant could accuse the landlord of unlawful eviction and landlord harassment.

When starting possession proceedings, a landlord can start accelerated possession proceedings or ask the court to make a possession order. The first option is quicker and cheaper, as there is no court hearing unless the tenant tries to defend the claim. The second option could result in the tenant trying to defend the court case, for example, using disrepair as a defence or arguing that their landlord is engaged in a revenge eviction.

Taking landlord and tenant legal advice on an eviction dispute

OTS Solicitors Landlord and Tenant Lawyers advises landlords, tenants, lodgers, or licensees. We provide strategic early legal advice to reduce the risk of an eviction dispute escalating into extended court proceedings.

Whether you are a professional landlord with a property portfolio, an accidental landlord, a tenant, or a licensee, our team of property law experts can help you regain your property, advise on landlord repair obligations, advise on tenant rights, or explain how to defend possession proceedings if they are unwarranted or verge on unlawful eviction or revenge eviction and counterclaim.

Contact OTS Solicitors for expert legal advice on eviction disputes and landlord and tenant law. compensation as a tenant.

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Disrepair as a Defence to Possession Proceedings

Legal Advice for Tenants

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What is Landlord Harassment?

Revenge Eviction