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Can my landlord evict me?

A. It may come as a surprise to know that landlords don’t always have to have a reason to evict tenants from their property. However, the grounds for a “no fault” eviction are pretty clear and come with certain safeguards for tenants. There are, of course, several factors that landlords can and will point to if they can prove that you have broken the tenancy agreement.

If you hold an assured short hold tenancy (AST), the landlord can evict you by serving you with a Section 21 notice which has to be obtained from the courts. You are entitled to two months’ notice, prior to the serving of this order. Lodgers and occupiers with basic protection can be evicted without a Section 21.

For most situations, landlords will have reasonable grounds for eviction due to the following:

Non-payment of rent
It’s possible that rent arrears may be the result of just poor communication, but landlords can, nevertheless, start legal action if they have not received any rent, two months running.

Anti-social behaviour
Causing nuisance to neighbours and using a home for illegal activities both fall under this category and whether your landlord is obligated to give you notice of court action depends on the seriousness of the issue.

Breach of Tenancy
Most common examples of this are, damage to property and unauthorised sub-letting. The landlord is required to give notice of legal action.

Long-term absenteeism
The landlord may have reason to believe that you are no longer living in the property.

If you cannot pay your rent for whatever reason, it’s always advisable to let your landlord know as soon as possible. If using a letting agent, they will be able to advise you of the law and help guide you.

Covid-19 update: during Covid-19 the UK Government has introduced the Coronavirus Bill to stop any eviction proceedings for at least three months, see Gov.uk website for further updates.

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About the Author

Marc has been a board director since 2001 and oversees the company’s rental operations as well as developing new business. He is instrumental in the company’s expansion and works closely with Managing Director Anita Mehra to develop its core services. Read more about Marc von Grundherr here - Read full profile

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