Landlord Wants Tenant to Leave
Related Article
No Rent Statement Attached to Section 8 Notice
When serving a section 8 notice, it's essential to attach a rent statement, but, it was held not to be fatal to a possession claim in Marath v MacGillivray (1996) 28 H.L.R. 484
No Gas Safety Record Before Occupation and Section 21
To serve a section 21 notice, specific "prescribed requirements" must have been complied with first. One of those is under gas safety rules:
Renters' Reform Bill - White Paper
This article looks at the recently announced white paper for the Renters' Reform Bill, which includes the proposal to abolish section 21 notices.
Michael Gove Reveals When Rent Reforms Will Hit Parliament
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It Was Never Like This Before …
I do not particularly regret the result in the case of this tenant, who_, as is the way with the modern tenant, has expressed his intention not to go out until he is ejected.
Completing N5 and N119 After Notice to Quit
This article assists with completing N5 and N119 court forms after a landlord has served a notice to quit (where the tenancy is NOT an assured shorthold tenancy).
Documents to Attach on a Section 8 Notice
When serving a section 8 notice, in most cases, the notice will require attachments and evidence depending on the grounds used.
Gove’s New Deal for Renters Lands
The new Renters Reform Bill is a crackdown on private lettings and contains little to appease landlords.
Company Signing - Northwood Case
The decision of Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40 says companies do not need to sign possession notices or prescribed information under section 44 formalities
What’s the Problem With Section 21?
Section 21 is the short name of the housing act legislation that allows landlords to repossess their homes from tenants without proving breach of contract.
£35,000 Bill For Evicting A Rogue Tenant
Evicting a rogue tenant takes at least nine months and costs the average landlord more than £30,000, according to research in 2021
New Section 8 Notice (England) From 4 May 2021
a new prescribed section 8 notice for England
Section 21 and Gas Safety Record Before Occupation
Trecarrell House Ltd v Rouncefield (2020)considers whether section 21 if a gas safety record was not given to a tenant before occupation.
New No Fault Eviction Rules on Way, Reveals Housing Minister
Housing minister Esther McVey has confirmed the scrapping of Section 21 repossessions in favour of a new set of rules.
EPC Requirement for HMO and Section 21 Notice
what is the position where the property being let is just a bedroom HMO? Does an EPC need to be given before section 21 is served?
Government Announces Removal of Section 21 Notices
the Government announced its intention to abolish section 21 notices which many would argue is the primary reason for the private rented sector to be the popular industry that it has become
How to Understand Which Section 21 Rules Apply From October 2018
Understanding which parts of the Deregulation Act 2015 apply to assured shorthold tenancies from 1 October 2018
Homelessness Code of Guidance for Local Authorities Published by MHCLG
The Homeless Reduction Act 2017 commenced on 3 April 2018, and MHCLG has published the code of guidance for local authorities.
Eviction Does Not Breach Tenant Human Rights, Court Decides
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New Prescribed Section 21 Form
For all tenancies granted on or after 1 October 2015, all landlords must use a new prescribed section 21 notice, form 6A.
Time Limits For Serving And Using A Section 21
There is a use it or lose it rule introduced. Further, the giving of a section 21 notice early into the tenancy is outlawed in England.
Getting Rid Of 'Last Day Of Period' From Section 21
Where section 21 is served concerning a tenancy in England and that tenancy was granted on or after 1 October 2015 (see later), the section 21 notice will, in most cases, need to be a straight two months notice
Slip Of The Pen Errors - Expiry Date on Notices
This article examines slip of pen errors on notices and case laws.
Ground 7A Introduced By Anti-social Behaviour Crime and Policing Act 2014
A new ground 7A allows mandatory possession if a tenant has been convicted of an offence.
Refusal To Allow Entry For Gas Safety Inspection and Ant-Social Behaviour - Ground 14
It may now be much more feasible for a landlord to seek possession after service of a section 8 notice under ground 14 after a tenant refuses entry for any maintenance, particularly those required by statutes such as gas safety records or routine fire alarm maintenance.
A Warning About Saving Formula Wording
A saving formula is wording in a notice to quit, which provides a fallback date if any written date within the notice is wrong. It is used when the date of expiry must be precise, such as if the notice must expire on the last day of the tenancy period. The use of saving formulas has been long approved, including, in particular, Elias v Spencer [2010] EWCA Civ 246. In Spencer v Taylor [2013] EWCA Civ 1600, a section 21 notice was served, which contained a date and a saving formula. It was suggested that for this combination to be acceptable, the dates and formula might need to be more apparent than first thought. Note: a section 21 notice no longer requires a specific date of expiry, so this case is only relevant to a notice to quit for a contractual tenancy or similar. ...
Masih v Yousaf - Section 8 Notice and Schedule 2
In Masih v Yousaf, the landlord served a section 8 notice. The notice included that possession was being sought under ground 8 and stated that the tenant owed at least two months’ rent both at the time that he had served a notice seeking possession and on the date of the possession hearing.
Landlords Urged to Speak Out Against Renters Reform
MPs are putting government plans to reform the private rented sector under a microscope and want landlords and property professionals in England to chip in with their take on the proposals.
Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent
Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.
Homelessness - Section 21 Notices and Localism Act 2011
Some local authorities refuse to treat a person as homeless until a court order has been obtained after serving a section 21 notice.
Unlicensed HMO and Service of a Section 21 Notice
If a landlord is operating an unlicensed HMO, a section 21 notice may not be served or given at any time whilst it is unlicensed.
Serving a Section 21 Notice if Deposit Protected Late or Never
From 6 April 2012, a new procedure is followed for serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice.
Occupier Refuses to Accept Tenancy Agreement
In January 2010, the landlord (KT Property) was approached by a prospective tenant, but he was under 18 and so could not be granted an assured shorthold tenancy.
Covering Letter with Notice
When serving notice in anticipation of possession proceedings, you should avoid enclosing a covering letter with the notice.
The Corresponding Date Rule
This rule has been well established since the 1800s. The corresponding date rule determines how long a calendar month is when serving notices. The main question is, if a 2-month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January, or should it expire one day earlier on 30 January? There are also similar problems when a notice is served or expires on the last day of February. The corresponding date rule was explained by the House of Lords in Dodds v Walker (1981) 42 P. & C.R. 131. Although this case relates to a notice served under section 29(3) Landlord and Tenant Act 1954 by the tenant of business premises requesting a new lease, the principles of the corresponding date rule apply to all notices served, including possession notices. In this case, the landlord served on the tenant a notice terminating the tenancy dated 29 September 1978 and served on 30 September 1978. The tenant had under section 29(3) "… not less than two nor more than four months after the giving of the landlord's notice …." to apply for a new lease. ...
What is a Break Clause?
Sometimes a fixed-term tenancy agreement can contain a break clause which brings the fixed term to an end early.
Trespasser Possession Procedure
Trespasser possession procedure with sample completed court forms
Trespasser or Tenant?
a possession claim against trespassers means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
No Rent Statement Attached to Section 8 Notice
When serving a section 8 notice, it's essential to attach a rent statement, but, it was held not to be fatal to a possession claim in Marath v MacGillivray (1996) 28 H.L.R. 484
No Gas Safety Record Before Occupation and Section 21
To serve a section 21 notice, specific "prescribed requirements" must have been complied with first. One of those is under gas safety rules:
Renters' Reform Bill - White Paper
This article looks at the recently announced white paper for the Renters' Reform Bill, which includes the proposal to abolish section 21 notices.
Michael Gove Reveals When Rent Reforms Will Hit Parliament
Levelling up secretary Michael Gove has revealed that proposed rent reforms will hit Parliament in two months. The reforms will give landlords powers to deal with anti-social tenants in return for losing Section 21 no-fault eviction rights. Find out more about the new anti-social behaviour task force and proposed rent reforms.
It Was Never Like This Before …
I do not particularly regret the result in the case of this tenant, who_, as is the way with the modern tenant, has expressed his intention not to go out until he is ejected.
Completing N5 and N119 After Notice to Quit
This article assists with completing N5 and N119 court forms after a landlord has served a notice to quit (where the tenancy is NOT an assured shorthold tenancy).
Documents to Attach on a Section 8 Notice
When serving a section 8 notice, in most cases, the notice will require attachments and evidence depending on the grounds used.
Gove’s New Deal for Renters Lands
The new Renters Reform Bill is a crackdown on private lettings and contains little to appease landlords.
Company Signing - Northwood Case
The decision of Northwood (Solihull) Ltd v Fearn & Ors [2022] EWCA Civ 40 says companies do not need to sign possession notices or prescribed information under section 44 formalities
What’s the Problem With Section 21?
Section 21 is the short name of the housing act legislation that allows landlords to repossess their homes from tenants without proving breach of contract.
£35,000 Bill For Evicting A Rogue Tenant
Evicting a rogue tenant takes at least nine months and costs the average landlord more than £30,000, according to research in 2021
New Section 8 Notice (England) From 4 May 2021
a new prescribed section 8 notice for England
Section 21 and Gas Safety Record Before Occupation
Trecarrell House Ltd v Rouncefield (2020)considers whether section 21 if a gas safety record was not given to a tenant before occupation.
New No Fault Eviction Rules on Way, Reveals Housing Minister
Housing minister Esther McVey has confirmed the scrapping of Section 21 repossessions in favour of a new set of rules.
EPC Requirement for HMO and Section 21 Notice
what is the position where the property being let is just a bedroom HMO? Does an EPC need to be given before section 21 is served?
Government Announces Removal of Section 21 Notices
the Government announced its intention to abolish section 21 notices which many would argue is the primary reason for the private rented sector to be the popular industry that it has become
How to Understand Which Section 21 Rules Apply From October 2018
Understanding which parts of the Deregulation Act 2015 apply to assured shorthold tenancies from 1 October 2018
Homelessness Code of Guidance for Local Authorities Published by MHCLG
The Homeless Reduction Act 2017 commenced on 3 April 2018, and MHCLG has published the code of guidance for local authorities.
Eviction Does Not Breach Tenant Human Rights, Court Decides
A landmark ruling from Britain’s top court stops tenants from trying to stop an eviction by claiming to make them leave their home infringes their human rights.
New Prescribed Section 21 Form
For all tenancies granted on or after 1 October 2015, all landlords must use a new prescribed section 21 notice, form 6A.
Time Limits For Serving And Using A Section 21
There is a use it or lose it rule introduced. Further, the giving of a section 21 notice early into the tenancy is outlawed in England.
Getting Rid Of 'Last Day Of Period' From Section 21
Where section 21 is served concerning a tenancy in England and that tenancy was granted on or after 1 October 2015 (see later), the section 21 notice will, in most cases, need to be a straight two months notice
Slip Of The Pen Errors - Expiry Date on Notices
This article examines slip of pen errors on notices and case laws.
Ground 7A Introduced By Anti-social Behaviour Crime and Policing Act 2014
A new ground 7A allows mandatory possession if a tenant has been convicted of an offence.
Refusal To Allow Entry For Gas Safety Inspection and Ant-Social Behaviour - Ground 14
It may now be much more feasible for a landlord to seek possession after service of a section 8 notice under ground 14 after a tenant refuses entry for any maintenance, particularly those required by statutes such as gas safety records or routine fire alarm maintenance.
A Warning About Saving Formula Wording
A saving formula is wording in a notice to quit, which provides a fallback date if any written date within the notice is wrong. It is used when the date of expiry must be precise, such as if the notice must expire on the last day of the tenancy period. The use of saving formulas has been long approved, including, in particular, Elias v Spencer [2010] EWCA Civ 246. In Spencer v Taylor [2013] EWCA Civ 1600, a section 21 notice was served, which contained a date and a saving formula. It was suggested that for this combination to be acceptable, the dates and formula might need to be more apparent than first thought. Note: a section 21 notice no longer requires a specific date of expiry, so this case is only relevant to a notice to quit for a contractual tenancy or similar. ...
Masih v Yousaf - Section 8 Notice and Schedule 2
In Masih v Yousaf, the landlord served a section 8 notice. The notice included that possession was being sought under ground 8 and stated that the tenant owed at least two months’ rent both at the time that he had served a notice seeking possession and on the date of the possession hearing.
Landlords Urged to Speak Out Against Renters Reform
MPs are putting government plans to reform the private rented sector under a microscope and want landlords and property professionals in England to chip in with their take on the proposals.
Deeds Guarantors Witness Signatures Notice to Quit Possession and Double Rent
Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017 a case about granting an assured shorthold tenancy, witnessing a deed of guarantee, double rent, mesne profits, possession, and tenants notice to quit given by one to a landlord.
Homelessness - Section 21 Notices and Localism Act 2011
Some local authorities refuse to treat a person as homeless until a court order has been obtained after serving a section 21 notice.
Unlicensed HMO and Service of a Section 21 Notice
If a landlord is operating an unlicensed HMO, a section 21 notice may not be served or given at any time whilst it is unlicensed.
Serving a Section 21 Notice if Deposit Protected Late or Never
From 6 April 2012, a new procedure is followed for serving a section 21 notice if a deposit has been received but not protected within 30 days. In addition, prescribed information must be considered before serving a section 21 notice.
Occupier Refuses to Accept Tenancy Agreement
In January 2010, the landlord (KT Property) was approached by a prospective tenant, but he was under 18 and so could not be granted an assured shorthold tenancy.
Covering Letter with Notice
When serving notice in anticipation of possession proceedings, you should avoid enclosing a covering letter with the notice.
The Corresponding Date Rule
This rule has been well established since the 1800s. The corresponding date rule determines how long a calendar month is when serving notices. The main question is, if a 2-month notice is served on the last day of November (30th) to expire in January, should it expire on the last day of January, or should it expire one day earlier on 30 January? There are also similar problems when a notice is served or expires on the last day of February. The corresponding date rule was explained by the House of Lords in Dodds v Walker (1981) 42 P. & C.R. 131. Although this case relates to a notice served under section 29(3) Landlord and Tenant Act 1954 by the tenant of business premises requesting a new lease, the principles of the corresponding date rule apply to all notices served, including possession notices. In this case, the landlord served on the tenant a notice terminating the tenancy dated 29 September 1978 and served on 30 September 1978. The tenant had under section 29(3) "… not less than two nor more than four months after the giving of the landlord's notice …." to apply for a new lease. ...
What is a Break Clause?
Sometimes a fixed-term tenancy agreement can contain a break clause which brings the fixed term to an end early.
Trespasser Possession Procedure
Trespasser possession procedure with sample completed court forms
Trespasser or Tenant?
a possession claim against trespassers means a claim for the recovery of land which the claimant alleges is occupied only by a person or persons who entered or remained on the land without the consent of a person entitled to possession
Tenant Fails to Leave After Giving VALID Notice and Double Rent
If a tenant gives you a notice to quit, they should leave on the date they have specified in the notice. If they fail to leave on that date without your permission, then it is possible to charge them double the rent
No Rent Statement Attached to Section 8 Notice
When serving a section 8 notice, it's essential to attach a rent statement, but, it was held not to be fatal to a possession claim in Marath v MacGillivray (1996) 28 H.L.R. 484
No Gas Safety Record Before Occupation and Section 21
To serve a section 21 notice, specific "prescribed requirements" must have been complied with first. One of those is under gas safety rules:
Renters' Reform Bill - White Paper
This article looks at the recently announced white paper for the Renters' Reform Bill, which includes the proposal to abolish section 21 notices.
Related Forms
Remind Notice Expires Soon Arrange Keys
This letter for landlords or agents reminds the tenant that a notice was served recently and that the date for expiry is approaching.
Notice To Quit Car Parking Space
This notice is to be used when wishing to end our car parking license agreement. Instructions on completing the form (which is very simple) are included. The form is in PDF format and can be completed on screen before printing.
Form 6A - Section 21 Notice - England Only
If a landlord wants their property back, a notice seeking possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice).
Section 8 Notice
Under section 8 of the Housing Act 1988, a landlord can rely on specific grounds in Schedule 2 Housing Act 1988. Commonly, grounds 8, 10 and 11 are relied upon due to rent arrears.
Agreement to Return Deposit with Deductions
where a deposit hasn’t been protected within 30 days, to serve a section 21 notice then, the deposit must be returned in full or with agreed deductions.
Mesne Profits - Damages for Use and Occupation Letter
This Word template is to notify the occupiers that payments received will be accepted as mesne profits and not as "rent".
Remind Notice Expires Soon Arrange Keys
This letter for landlords or agents reminds the tenant that a notice was served recently and that the date for expiry is approaching.
Notice To Quit Car Parking Space
This notice is to be used when wishing to end our car parking license agreement. Instructions on completing the form (which is very simple) are included. The form is in PDF format and can be completed on screen before printing.
Form 6A - Section 21 Notice - England Only
If a landlord wants their property back, a notice seeking possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice).
Section 8 Notice
Under section 8 of the Housing Act 1988, a landlord can rely on specific grounds in Schedule 2 Housing Act 1988. Commonly, grounds 8, 10 and 11 are relied upon due to rent arrears.
Agreement to Return Deposit with Deductions
where a deposit hasn’t been protected within 30 days, to serve a section 21 notice then, the deposit must be returned in full or with agreed deductions.
Mesne Profits - Damages for Use and Occupation Letter
This Word template is to notify the occupiers that payments received will be accepted as mesne profits and not as "rent".
Remind Notice Expires Soon Arrange Keys
This letter for landlords or agents reminds the tenant that a notice was served recently and that the date for expiry is approaching.
Notice To Quit Car Parking Space
This notice is to be used when wishing to end our car parking license agreement. Instructions on completing the form (which is very simple) are included. The form is in PDF format and can be completed on screen before printing.
Form 6A - Section 21 Notice - England Only
If a landlord wants their property back, a notice seeking possession under section 21 Housing Act 1988 must first be served (unless grounds are available for a section 8 notice).
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Our 15-strong National Real Estate Disputes team specialises in dealing with residential Landlord and Tenant Litigation. We have a market-leading reputation for providing an efficient, expert and cutting-edge service to individual and corporate landlords dealing with their residential property portfolios. Our experience includes acting for the landlord clients of a prominent national lettings agent, through rent and legal indemnity policy, for the last six years. During this period, we’ve dealt with well over 1100 cases. This volume of work has enabled us to develop systems and processes to deal with these cases as quickly and efficiently as possible. It has ensured that the team members have a wealth of experience in dealing with all issues. Samuel Lane of Irwin Mitchell LLP says: “The law surrounding residential landlord and tenant is continually changing; now more than ever. We have seen many landlords get caught out by legislative changes that ultimately result in costly mistakes. It is important that landlords get the right advice from the start as it could save them thousands of pounds whilst also ensuring that the problem is dealt with as effectively and efficiently as possible. We pride ourselves on being experts and finding the most commercial solution available. We currently offer members of the Guild a free 10-minute no-obligation telephone consultation (subject to our usual conflict checks). For a telephone consultation, fill in the form below (which only displays if you’re logged in with an active subscription), and we will contact you within one working day. https://www.irwinmitchell.com/our-people/samuel-lane https://www.irwinmitchell.com/business/real-estate/property-litigation
Possession Notice Wizard
Use the wizard on the left/above to determine which possession notice best suits your needs for the beginning of an eviction.