The rules around this reason are complicated. If you think you may be in this situation, try getting some legal advice.
See Further help. Sometime in the last six months, the council has sent your landlord a notice telling them that they must carry out repairs or improvements to the property you rent from them. Your deposit has not been put in a recognised tenancy deposit protection scheme.
You can check if your deposit is in a tenancy deposit protection scheme here: Check if your tenancy deposit is protected. The property will be a large house in multiple occupation if:. Even if the property you rent is smaller and rented to fewer people, your landlord may still need a licence depending on the particular rules made by your local council - check with your council. Your landlord has not given you a valid gas safety record and an energy performance certificate for the property.
This only applies if your tenancy began or was renewed after 1 st October Your Landlord must carry out an annual gas safety check and give you a copy of the record of that check within 28 days of it taking place. If you don't have a current gas safety record you can report your landlord to the Health and Safety Executive.
For more on this search online for Gas safety - tenants HSE. Your landlord must have a valid gas safety certificate at the start of your tenancy and throughout. They can give this to you late but if your landlord fails to give it to you before giving you the section 21 eviction notice, or if they have not had a valid safety certificate for part of your tenancy, the notice is invalid. This publication must be the one that was current when your tenancy started or must be the one that is current now for the section 21 notice to be valid.
You can ask your council if they run a landlord licensing scheme. If they do, check if your landlord is licensed. Your landlord has made a mistake in the section 21 notice that makes the meaning unclear for example, given the wrong name or address.
For the full list of fees they can charge look at: www. Nearly Legal's section 21 eviction flow chart can also help you to work out if your section 21 notice is valid or not - nearlylegal. If you are planning to leave at the end of your tenancy anyway, there may be no point in contacting your landlord or their agent to tell them what you think is wrong. You will probably want to focus on finding somewhere else to live and making sure you get your deposit back.
But get some legal advice when you first get the notice see Further help and ask if you are eligible for legal aid see Getting legal advice. Legal aid is a government scheme to help people who live on a low income, have few savings and meet specific other criteria, pay for legal advice, representation and other help. Legal aid is still available to pay for a lawyer to help you if you face being evicted from your home and to advise you about your section 21 notice — depending on your financial circumstances.
You can check if you are financially eligible for legal aid here: Check if you can get legal aid. Whether or not you are eligible for legal aid, you can find a lawyer who specialises in housing law here: Find a housing lawyer. You can also find solicitors that do housing law at Find a legal aid adviser or family mediator.
It is best not to deal with an eviction notice on your own, so if possible get some help. For more information about where to go for advice, see Further help.
Try not to leave it to the last minute before getting advice. Many advice centres have waiting lists so you may have to wait a while before you get to see an adviser.
Tenancy Relations Service — contact your local council to find out if they run a tenancy relations service. Many do. If so, ask to speak to a tenancy relations officer and they should be able to advise you about your eviction notice, for free. They can also help if it seems you are being asked to leave your home unlawfully and with illegal eviction or harassment.
Shelter - Shelter helps people struggling with bad housing or homelessness through advice, support, and legal services. Visit shelter. AdviceUK is a network of advice centres. You can search for your nearest advice centre here: AdviceUK - looking for advice? Scroll down their homepage to search for a CAB near you.
Community organisations — some local community organisations offer housing advice, and sometimes in languages other than English. Law Centres employ solicitors and other workers who specialise in helping people with housing, employment, immigration, education, community care, and benefit problems. LawWorks connects people in need of legal advice and assistance with lawyers willing to meet those needs for free. It supports legal advice clinics across England and Wales.
The majority of these law clinics take place in the evening and provide free initial advice to individuals with a particular focus on social welfare issues, employment law, housing matters and consumer disputes. You can find a clinic here: LawWorks clinics network.
Lawyers - You can find a lawyer that specialises in housing law here: Find a housing lawyer. Accelerated possession procedure — a special process that landlords can use to get a possession order if the tenant has an assured shorthold tenancy. The process is not always that quick but most orders are made without a court hearing taking place. The cases we refer to are not always real but show a typical situation.
We have included them to help you think about how to deal with your own situation. If you are representing yourself in court or tribunal action and would be willing to speak to a friendly journalist about your experience, please contact us. You needn't use your real name if you didn't want to. We would always confirm with you before passing any of your details on to anybody. Share on Facebook. Share on Twitter. Share your story. By sharing your story, you're helping spread the message of what we do so that we can help even more people.
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Save your preferences. Live Chat. The process eviction literally can take anywhere between 14 days to months, typically. But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.
Generally, there are three steps to a tenant eviction. Assuming your tenant is prepared to play-ball and voluntarily vacate after receiving sufficient notice is given, they will vacate the property on the date specified in the notice, without any problems. This can take between 14 days and 2 months.
If you are serving a Section 21 notice during the fixed term, you are required to give two months notice to your tenant. If you are a serving a section 8 because you have grounds for eviction e. For example, if your tenant is in rent arrears, which is the most common reason for eviction and serving a section 8, the notice period is 14 days i. Legal for landlords has stated that it is very unlikely that a tenant will voluntarily vacate once a section 8 notice has been served as this notice is usually based on rent arrears, and normally when tenants are in arrears, they are unable to afford a deposit for a new rental property, so they remain in the property.
If your tenant ignores the notice served whether it be a section 8 or 21 , then you the landlord will have to apply to the court for a possession order. You can use the possession claim online service via the GOV website; the service lets you fill in court forms online and see how the claim is progressing.
It will take generally between weeks for the judge to grant a possession order under section 8 or section In these cases the landlord has to go to the final step, which is to apply for an eviction date with the County Court Bailiff, which can take between weeks.
The waiting time will depend on your court and the resources they have available. It can take anywhere between 14 days to several months.
Many landlords try to persuade tenants to vacate with financial incentives, either by giving them money directly, or by reducing or completely revoking any rent arrears. If you would like some free legal advice or professional assistance with evicting your tenants, you can contact legal for landlords.
I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
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Rented out former home for 12 years. Use Managing Agents and have insurance to cover rent arrears and eviction process. Reliant on rent as retired and it's my pension. Your page has helped regarding possible time scale. Its a great thing that it takes so lon to get tenants out, gives the tenants plenty of breathing space and time to find somewhere else and without it sahntytowns and tents in car parks would be a much more commons site in the UK than they are now.
Idd be on the streets now if this wasnt the way it was. I mean ideally it would be really great if tenants could just stay for years and stick their 2 fingers up at the landlord, but it still plenty of breathning space.
As a landlord I have filed a case against my tenant for eviction since and have cleared Title suit case in Also,he has now moved to highcourt for second appeal. During this 6 years time his rent is due and currently working in my godown. Our landlord is the local authority. We have zero rent arrears and never had any complaints from neighbours!!
They have 4 months from the date on the notice to apply to court. The notice won't be valid after that date. The total time for the court process could vary from a few weeks to several months. It depends on:. Always return your defence form if your landlord uses the 'accelerated procedure' as there won't automatically be a hearing. Find out more about the court process. The court must make a possession order if the section 21 notice is valid.
The possession order has a 'date for possession' on it. The date for possession is not the same as an eviction date. Your landlord can ask bailiffs to evict if you don't leave by the date for possession. Most landlords use county court bailiffs. Some use high court bailiffs, also known as high court enforcement officers HCEOs.
County court bailiffs have a backlog because of coronavirus and it could take several weeks before the bailiffs arrange an eviction date.
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