If your landlord wishes to end your tenancy, they must give you written notice to evict you. This notice should include very specific information and warnings.
The notice will also depend on the type of tenancy agreement you have entered into and the terms of your tenancy agreement.
If you have an assured shorthold tenancy (AST) – which is highly likely as these are currently the most popular type of tenancy in the UK – your landlord can actually give you notice (section 21 notice) without having to give you a reason, as long as:
- They have protected your deposit in a deposit protection scheme
- The date they have given you to leave the property by is at least 6 months after your tenancy began
- They are not asking you to leave before the end of the fixed term stipulated in the tenancy agreement
- They have provided you with: an energy performance certificate, a gas safety certificate and a copy of the current version of the Government’s ‘How to rent: checklist for renting in England’ booklet.
If your landlord wished to evict you during the fixed term of the AST, they will usually serve you with a section 8 notice. This notice must specify the particular grounds upon which the landlord is seeking to evict you. Common grounds include that you are in arrears, or have been persistently late in paying rent.
It is also important to note that, where the fixed term of your tenancy has expired, a landlord can serve you with both a section 21 and section 8 notice , and rely on either in court proceedings to evict you.
Can I refuse to leave a rented property?
Although your landlord cannot remove you from their property by force, if you haven’t left by the date your landlord gave you and the notice period has expired, your landlord is likely to start the process of eviction through the courts.
Unless you have very good reasons why you shouldn’t leave the property (and if you do feel you have good reasons you should always talk them through with an experienced landlord and tenant lawyer so we can start to put a strong legal case together for you), we’d suggest you do everything possible to avoid this final step. It could drastically affect your credit rating or worse, leave you with a criminal conviction.
This blog does not constitute legal advice so if you feel your landlord has acted unreasonably or you would like to discuss how best to defend your position as a tenant, please contact us today.