If a tenant breaches their tenancy agreement, the landlord may decide to evict them and repossess the property.
What counts as a breach of contract varies from contract to contract; however there are several breaches that will prompt most landlords will seek a court order for possession;
- Anti-social behaviour
- Criminal activity
- Damage and/or Disrepair
- Harassment
- Lack of cleanliness
- Rent arrears
- Sub-letting
A landlord has two possible options that allow for the repossession of the property. They can seek possession using one of two different notices;
- Section 21 notice
- Section 8 notice
A Section 21 (S21) notice can be used to evict tenants either;
- After a fixed term tenancy ends – if there’s a written contract
- During a tenancy with no fixed end date – known as a ‘periodic tenancy’
A Section 8 notice can be used for tenants with;
- An assured tenancy
- An assured shorthold tenancy
The biggest risk for a tenant in a repossession claim is the threat of being made homeless. For this reason it is essential to get in touch with a solicitor as soon as possible.
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