Private Sector Landlord Forum John Routledge The Eviction Process and the Deregulation Act 2015.

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Presentation transcript:

Private Sector Landlord Forum John Routledge The Eviction Process and the Deregulation Act 2015

Serve a valid notice Application to court (Fee £280) Court Order (Possession Order) Bailiff Warrant (Fee £110) Eviction Ending a Tenancy

Various notices Section 21 Notice Section 8 Notice of Seeking Possession

Section 21 Notice Does not require you to give a reason for the eviction If the paper work is correct, a Possession Order will be issued Apply to court after the end of the fixed term of the tenancy and after a valid S21 has expired (usually 2 months)

You cannot use a S21 Notice If you are holding a deposit and have not correctly safeguarded it with a Tenancy Deposit Scheme If you are required to have a House in Multiple Occupation (HMO) Licence or Selective Licence (AST’s) and do not have one.

Deregulation Act (effective 1 st October 2015) You should provide the DCLG booklet “How to rent: the checklist for renting in England” for all new and renewal tenancies The S21 cannot be used if the landlord has been served an Improvement Notice under the Housing Health and Safety Rating system

Deregulation Act 2015 further changes S21 notice cannot be served within the first 4 months of the tenancy The Act introduces a "shelf life" for a S21 notice. It must be used within six months from the date it is given, or it lapses.

Deregulation Act 2015 further changes Possession proceedings cannot begin before 6 months from the start of the tenancy Removes the need for a S21 notice to specify the exact date of the end of a period of the tenancy

Deregulation Act 2015 further changes Landlord must provide the tenant a copy of An Energy Performance Certificate A gas safety certificate A copy of a leaflet titled “How to rent : the checklist for renting in England”

Section 8 Notice Seeking Possession mandatory grounds 2 weeks notice is required after 8 weeks or 2 months arrears have accrued (please call us) Give evidence of arrears The notice lasts for 1 year

Other grounds Nuisance to neighbours Damage to property Anti Social Behaviour Obtain tenancy by misrepresentation

If you are thinking of evicting your tenant …please contact us on or us at