Rights And Notices Involved With An Assured Shorthold Tenancy Eviction

Most tenants who privately rent are considered to be assured shorthold tenants. Eviction can only happen under certain conditions and there are a set of rules that landlords must follow in order to be able to proceed with an assured shorthold tenancy eviction.

Rights of the Tenant:

If the tenant wants to fight the eviction by going to court, then the landlord’s court fees must be paid for by the tenant.

If all rules are followed, then eviction is imminent.

The landlord is only able to evict a tenant with fixed tenancy if he/she has valid grounds for eviction.

If a court hearing happens because you refuse to leave, you will most likely be paying the landlord’s court costs.

Notices Provided:

For eviction of a fixed term tenant, the landlord will need to give a reason why eviction is occurring.

For a periodic tenant to be evicted, the landlord doesn’t need to have a reason for eviction.

If a reason is given to a periodic tenant, then notice can be for 14 days or 2 months.

When the tenant has periodic tenancy and the deposit is held, the landlord can evict by using shorthold grounds. The eviction must be in writing, start two months in advance, not issued until the last day in the rent period, and it will need to state that it is being given by virtue of Section 21 of the Housing Act of 1988.

The eviction notice remains valid for an entire year, which means court action can’t take place until after the year has passed.

Grounds for eviction include; property abuse or negligence, tenant is a nuisance, rent is always late, broken tenancy terms, or if the property is being repossessed by an outside source. Harassment, in order to evict a tenant, is illegal and often makes the eviction notice not valid.

If you’re a landlord, you may have to deal with some unpleasant tasks. Tenancy eviction is a big problem that you may be facing. Make sure you know how to get tenants out legally at http://www.landlordangel.co.uk/.