Eviction notices
A notice seeking possession is us giving you notice that we need you to leave property.
This could be for a number of reasons, including:
- Rent arrears, significant arrears where there is no plan in place to pay off
- Anti-Social Behaviour (ASB)
- Any other breaches of tenancy such as property condition or refusal of access
- Residential leasing landlord hand back, this is a no-fault eviction
You can find out more about Notice Of Seeking Possession here
This is also known as a no-fault eviction or Mandatory Possession, meaning that if you choose to stay, there will be a court hearing and a Judge will order possession.
This can only be issued on a Shorthold Tenancy or a Tenancy within a probationary period.
Section 21 Notices can end a tenancy without having a reason or ground for possession (such as rent arrears) by first serving you a valid section 21 notice in writing.
If you choose to stay we must then:
- issue a court claim for a possession order
- apply for a warrant to allow bailiffs to evict
- You might have a defence to the proceedings if the notice is invalid. A notice will be invalid if it has not been served correctly, or if we have not complied with other requirements.
We can serve you a section 8 notice if you've breached your tenancy. For example, rent arrears.
These are sometimes called 'grounds for possession' on the notice.
If you choose to stay, we must apply to court where we must show the grounds for possession. Sometimes the court can stop an eviction or give a possession, but suspend with terms for you to stick to.
A section 8 notice must give:
- the right amount of notice
- a date after which court action can start
- the grounds for possession, and explain why they are being used
The notice is valid for a year, a court application can be made within this period.
- You can contact us to discuss the Notice and we will explain why we are ending the tenancy
- You can speak to the Housing team at your local authority
- Or seek independent advice, Shelter can provide further information
You can find out more information on Section 21 and Section 8 on the Shelter website.
