Facing Eviction? Know Your Rights Before You Leave
Facing Eviction? Know Your Rights Before You Leave
OTS Solicitors help tenants challenge eviction notices and possession claims.
If you are a tenant facing eviction, our Landlord and Tenant Solicitors can help.
Most tenants don’t think they can stop an eviction or defend a Section 21 notice, but you may be able to do so.
Don’t face eviction alone – get legal advice now.
Legal help for eviction notice
If you are a tenant with an assured shorthold tenancy, you can only be evicted from your rental property if your landlord has followed all the correct steps.
If you have received an eviction notice UK, you need legal advice from specialist Landlord and Tenant Solicitors. You should take legal advice even if your original assured shorthold tenancy has ended.
You should not voluntarily leave the property without first getting legal help for eviction notice.
Steps a landlord must take to evict a tenant legally
The process to evict a tenant from their home is lengthy. A landlord cannot force a tenant out without following the correct process and securing a court order. If the landlord does not follow the law, they may be guilty of:
- Landlord harassment.
- Illegal eviction.
The three steps a landlord must take to evict a tenant legally are:
- Send you a valid eviction notice.
- Get a possession order from the court if you have not left the rental property by the date on a valid eviction notice.
- Get a warrant of possession from the court if you have not left the rental property by the date on the possession order.
Forced eviction from an assured shorthold tenancy
If the court issues a warrant of possession, a bailiff can make you leave your home.
The warrant for possession will give you 14 days to leave the property. If you do not leave by that date, the bailiffs will come to exercise the warrant.
If a landlord has not followed the rules, then a tenant may be able to challenge the eviction at any stage of the process.
While it is tempting to think that a landlord will not evict you from your home because you have children, money worries, are unable to find alternative property to rent or have health issues, a landlord can evict you and your family if they follow the correct steps. That’s why you need to challenge the eviction by showing your landlord has not followed the correct steps or does not have the grounds or evidence to evict you.
Check your eviction notice
The first way you can challenge an eviction is to check your eviction notice. There are two types of notice to quit:
- A Section 21 notice, or
- A Section 8 notice.
A Section 21 notice is also referred to as a no-fault eviction. Although you do not have to have done anything wrong to be evicted under Section 21, you can stop the eviction if the landlord has not sent you a valid notice to quit.
Check your Section 21 notice
A Section 21 notice is only valid if you have a tenancy agreement that allows for a Section 21 notice. A Landlord and Tenant Solicitor can check that you have an assured shorthold tenancy and if your landlord is entitled to serve a notice under Section 21.
Even if your landlord is entitled to serve a Section 21 notice, there are many reasons why the notice may not be valid. These include:
- If you did not get the prescribed information when sending the notice.
- Your landlord did not use the correct form.
- Your landlord did not give you enough notice in the form.
- Your landlord failed to give you the correct paperwork when you entered the tenancy agreement.
- Your landlord did not protect your deposit in accordance with the rules.
- You live in an HMO and your landlord does not have a house in multiple occupation licence.
- Your landlord has not started the possession proceedings within six months of serving the notice on you.
- You are being evicted because you asked for repairs to be carried out. This is called revenge eviction.
A Landlord and Tenant Lawyer can check the validity of the Section 21 notice for you and defend Section 21 notices.
Check your Section 8 notice
A landlord can send you a Section 8 notice if they think you have breached your tenancy agreement. They could allege that you have not paid your rent on time, have rent arrears or say that you have behaved in a way that breaches your tenancy agreement. A landlord can also send a Section 8 notice when a tenant is not at fault. For example, because they want to move back into their property.
Some landlords will send a Section 21 notice and a Section 8 notice, so your lawyer will need to check the validity of both notices.
Even if your landlord is alleging that you have done something wrong, you can challenge the eviction by:
- Saying the notice is not valid.
- Disputing the landlord’s allegations.
- Depending on the grounds your landlord is using to get possession, you can ask the court to use discretion and refuse to make a possession order.
Even if the Section 8 notice is valid and you accept that you have breached your tenancy agreement, a landlord cannot force you to leave the rental property until the bailiffs execute the warrant for possession.
Stop eviction UK
If you Google stop eviction UK you will get a lot of different answers, and that is why you need expert legal help from Landlord and Tenant Solicitors. They will:
- Check the nature of your tenancy agreement.
- Check the validity of your Section 8 notice or Section 21 notice to quit.
- Assess if you have the grounds to defend the possession proceedings.
- Advise if you can counterclaim. For example, if you have sustained losses because of housing disrepair or landlord harassment.
Talk to OTS Solicitors if you are facing eviction
At OTS Solicitors, we have a team of specialist Landlord and Tenant Solicitors who can help you defend a Section 21 notice or a Section 8 notice and explain your legal rights as a tenant.
Don’t face eviction alone – get legal advice now.
Frequently Asked Questions on Eviction Notices
Can I challenge a Section 21 or Section 8 notice?
Potentially, you can challenge a Section 8 notice or a Section 21 notice. A Landlord and Tenant Lawyer will explain your options. Much depends on whether the notice is valid. Even if the notice is valid, you may want to challenge a notice to quit if you think it has been submitted in revenge because you raised concerns about disrepair, such as mould or a broken boiler.
What defences can I use against an eviction claim?
The defences you can use against an eviction claim depend on the reasons for the claim. Even in no-fault eviction proceedings, you can mount a defence if your landlord has acted badly or not served a valid Section 21 notice.
If you have been served with an eviction notice, it is best to talk to an Eviction Lawyer as soon as possible so you understand your tenant rights and legal options. You should not vacate your rental property without first getting legal help for eviction.
Do I have to leave the property immediately after a possession order?
You do not have to leave your property immediately after the making of a possession order. A landlord cannot force you to do so. The next step in the possession process is for the landlord to apply for a warrant of possession. They will do so if you have not left the property by the date in the possession order.
Don’t face eviction alone – get legal advice now.
Appointments are available at our offices in central London, by phone, and online.
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