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Breach Of Tenancy Agreement

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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