Evictions: Tenant Eviction killer mistake that could invalidate your eviction proceedings PROPERTY PODCAST by a specialist property law firm helping landlords with EVICTIONS & LEASE OPTIONS

WHAT IS THE KILLER MISTAKE THAT COULD KICK YOUR EVICTION OUT OF COURT? 

Some of the key questions to ask yourself before even thinking about instigating a possession claim are follows:

1.  Do you even have a right to take back possession – do you have a right to bring a possession claim.

2.  What type of tenancy does this relate to?

3.  What type of notice do you need to serve. Do you actually need to serve a notice? There are circumstances when you don’t.

4.  If you are relying on a notice that requires you to rely on specific grounds for possession, do you satisfy those grounds?

5.  How about a potential defence? Could the tenant bring a defence that could completely thwart your claim? It there disrepair at the property?  Has there been a breach of contract on your part as the landlord? Has there been a breach of the equality act 2010?

All these are important matters to consider. THE KILLER MISTAKE THAT DESTROYS MOST POSSESSION CLAIMS. IT RESULTS IN LANDLORDS LOSING TIME AND MINE.

Guess what it is? It  IS THE ACTUAL EVICTION NOTICE.

That is the  primary eviction pitfall.  Serving an invalid notice. Here are the five top reasons that could invalidate your notice

1. The wrong notice;  The wrong notice period; The wrong address; The wrong timing of service; The wrong time limits

Wrong Notice Served

Serving the incorrect notice could be fatal to a landlord's eviction claim. Different tenancies require different types of notices. The exact procedure is entirely dependent on the tenancy type and tenancy terms.  Our current focus is on Assured shorthold tenancies (ASTs).There are primarily two types of ASTs. Fixed-term tenancies and periodic tenancies. Fixed-term tenancies run for a defined period of time: for example, six months. Periodic tenancies run periodically: for example, week by week or month by month with no fixed term end date.

A landlord can use a section 21 notice to take back possession of a property after the fixed term has expired subject to defined prerequisites, which we discuss in a separate recording.A landlord can issue a section eight notice any time if the tenant has breached the tenancy terms and the relevant eviction grounds are met. Landlords must comply with all pre-conditions and ensure the correct notice is served.

2. Wrong Notice Period. Giving the correct notice period is imperative to a successful eviction. Eviction Notice periods have changed. The eviction notice periods are now longer due to Coronavirus (COVID-19). This applies to section 21 notices and section 8 notices. The specific notice periods do differ. A timeline of the notice period required for a section 21 notice is a follows:

●  The eviction notice period before 26 March 2020 was two months

●  The eviction notice period from 26 March to 28 August 2020 was increased to three months 

●  The eviction notice period from 28 August 2020 doubled from three months' notice to six months.

3. Wrong address for service of the eviction notice. Any mistake on a notice could invalidate it—even an error in the address. Please ensure you pay attention to the address for service contained in the tenancy agreement. An address for service often is, but is not always the residential address. 4. 4. The Wrong timing of service of the eviction notice. Subject to satisfying the relevant requirements of the requisite eviction grounds, a section 8 notice can be served at any time during the tenure of the tenancy. A section 21 notice, however, cannot be validly served within the first four months of the tenancy. Timing is crucial.  

5. The wrong time limits. The notice won't be valid if it's too short or the landlord applies to Court too late.