Evictions operate differently if you are a tenant or a lodger. Most people are tenants, unless they live with their landlord.
Illegal Evictions for tenants
THE ONLY PERSON WHO CAN PHYSICALLY REMOVE YOU FROM A PROPERTY AGAINST YOUR WILL IS A COURT APPOINTED OFFICER, AFTER POSSESSION PROCEEDINGS IN COURT
If you have been evicted, but you did not agree to leave the property, unless the person who evicted you was appointed by the Court to evict you after a possession hearing, it is likely you’ve been illegally evicted.
For example, if a landlord changes the locks while you are away, even if you are late on the rent, it is likely you have been unlawfully evicted.
If you have been unlawfully evicted you can claim up to 12 months’ rent back via a Rent Repayment Order
Eviction for tenants – Section 21 Notice
The most common kinds of eviction are Section 21 (no fault Evictions). The landlord does not have to give a reason – referred to as a “Ground” for evicting you.
The landlord cannot evict you during the term of your tenancy, only after it ends.
The landlord can serve the Section 21 Notice during your tenancy if the date it is asking you to leave is after the tenancy ends.
They will use a form 6a
It is common for a Section 21 notice to be invalid. It is invalid if:
- There was not a valid Gas Safety Certificate at the property
- The property needed a license to be rented but didn’t have one
- There is an error on the form
If your landlord or agent is evicting you, but doesn’t use an appropriate government eviction form, then it is not enforceable in court.
Once the date on the Section 21 Notice has passed, your landlord cannot force you to leave. If you are still in the property the landlord must apply to the court for possession.
Eviction for tenants – Section 8 Notice
A Section 8 notice uses Form 3.
This is used when the landlord believed they have a reason or ‘grounds’ for evicting you. Usually this is due to rent arrears.
Eviction for lodgers
This is an area of law we don’t have specific training for currently, so we refer to Shelter’s Guide here