Tenancy Agreement

Tenants who fail to comply with the terms and conditions of their tenancy agreement may be subject to a claim for possession. Non-payment or late payment of rent, property damage caused by the tenant, and evidence of disruptive or anti-social behaviour are among the common reasons for possession.

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Non-payment or late payment of rent

In addition to these, there are other grounds for possession that may vary depending on the tenancy agreement, such as illegal activities committed on the property, unauthorised subletting, and breaches of health and safety regulations.

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Be Aware of Your Rights

It is important for both landlords and tenants to be aware of their respective rights and responsibilities to avoid any potential disputes or legal complications.

Subletting without permission
Refusal to vacate
Evidence of illegal activities taking place at the property
Unreasonable requests
Operating a business from the property without permission

Can a landlord legally gain possession of a rental property without a valid reason?

Section 21 notice to terminate a tenancy

It is a common misconception that a tenant can only be evicted if they have done something wrong. However, in reality, a landlord can issue a Section 21 notice to terminate a tenancy without providing any reason for doing so. This type of claim is commonly referred to as a "no-fault" eviction, as it does not require the tenant to have breached any terms of the tenancy agreement.

Section 21 notice

A Section 21 notice can be issued by a landlord for a variety of reasons, such as needing to sell the property, needing to make significant renovations, or wanting to move back into the property themselves, but the landlord need not provide a reason when making a claim for possession using this method. A landlord can use this type of notice to regain possession of their property even if the tenant has been paying their rent on time and has been a model tenant.

Landlord has the right to regain possession of their property

It is important to note that there are several conditions that a landlord must meet in order to issue a Section 21 notice, such as providing the tenant with at least two months' notice and ensuring that the tenant's deposit has been properly protected, and if these requirements are not met, a Section 21 possession claim may be unsuccessful.

Overall, while it may seem unfair that a tenant can be evicted without having done anything wrong, it is important to understand that a landlord has the right to regain possession of their property under certain circumstances.

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If your tenant hasn't paid their rent, what should you do?

Rent arrears is one of the most common reasons why a landlord may want possession of a rental property. Landlords have a legal right to be paid rent as part of a rental agreement. It is extremely valuable to have paperwork to prove that a tenant is behind on their rental payments. You should keep a record of when payments were due and evidence to show you have requested payment in writing.

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What should you do if your tenant hasn't paid their rent?

What should you do if your tenant hasn't paid their rent?

Section 8 notices can be used to evict a tenant if they have breached the tenancy agreement. Reasons must be given for the eviction notice. Landlords must provide evidence that they have been in contact with the tenant about the issue that has led to the breach.

If landlords are issuing a Section 8 notice, they must give either 2 weeks or 2 months notice to the tenant before Court proceedings for possession can commence, depending on the ground for possession. Section 21 notices can be issued with two months notice, after the fixed term tenancy period has ended.

Landlord Evictions

Our team has over 30 years of collective experience in delivering high quality work in all matters relating to landlord law and tenant evictions.

We have seven members of the team who may work on your matter as well as a team of consultants. Regardless of who works on your matter, they will be supervised by Abraham Khan, Solicitor Director.

Abraham Baron Solicitors

1388-1394 Coventry Road, Birmingham
B25 8AE

SRA

SRA Number 625623