Notice Seeking Possession | Eviction Notice – Housing Law
What is a notice seeking possession from a landlord?
A notice seeking possession is also known as an eviction notice when served by a landlord. 28It must be in writing and it must state the date when the notice will expire. This date is when the Landlord wants the tenant to move out by, but the tenant does not have to move out by the date the notice expires.
If you, the tenant, want to leave a rented property; you can serve a ‘Notice to Quit’. This is usually 28 days written notice to the Landlord that you want to end your tenancy. Some tenants have to give a longer period of notice and you should check your tenancy agreement.
“I have received a Notice Seeking Possession from my landlord, what do I do?”
Remember that a notice seeking possession is simply your Landlord’s request for you to leave; you don’t have to leave by the time the notice expires. However, if you don’t move out by the date the notice expires your Landlord can ask the court for a possession order. They may be able to claim the costs of doing this back from you.
The most important thing to do if you get a notice is to seek legal advice.
“How long do you have to move out after a notice seeking possession?”
If your Landlord wants to evict a tenant who has done nothing wrong, they must use a Section 21 notice seeking possession. These notices must give you 2 months’ notice before they expire.
If your Landlord alleges that you have breached your tenancy agreement (like falling into arrears etc.) your Landlord can serve a Section 8 notice which usually expires after 2 weeks.
“Can a landlord evict you without going to Court ?”
No, if you don’t want to leave your Landlord must ask the court to make a possession order. If your Landlord does anything to try and make you leave, they may be acting illegally.
IMPORTANT: Your landlord cannot force you to leave, nor can they change the locks!
If correct procedure has not been followed, the court will NOT grant the possession order.
If you have been served a notice to leave your home, speak to one of Swain & Co Solicitors’ housing law team to get free initial advice over the phone on your next steps.
“I have a tenancy agreement, and have been served a notice seeking possession.”
You’ve been served a notice seeking possession and your tenancy hasn’t ended?
You should seek legal advice. You may be able to defend your eviction in court.
If your date to leave is when the fixed term ends, there is little you can do to fight eviction. However, if proper procedure hasn’t been followed, you may be able to.
If your landlord is trying to evict you during the fixed term (any not using a break clause), they have to show that you broke your tenancy agreement. This is through your actions or failure to act when something was brought to your attention.
It will then be up to the court to decide if it is serious enough to break your tenancy agreement (which is a contract).
Our housing law team says that if you have been given notice to leave your home and don’t want to leave, talk to us. It’s always worth making use of free legal advice over the phone to know your options.