Landlord Legal Services Viewpoint: ‘Tenant Eviction’ Presented by Danielle Hughes, Solicitor

Agenda 1.Three Steps to Possession 2.AST Regulations Section 21 Notices – Top Tips and Pitfalls

Three Steps to Possession What do I need to do to evict a tenant? Heavily regulated area Step One: Serve Notice – Section 8 or Section 21 (Housing Act 1988) Step Two: Issue a claim for possession Step Three: Warrant for possession of land NB: Unlawful eviction

All AST’s Licence – Selective or HMO Deposit protected and ‘Prescribed Information served “New” ASTs Gas Safety Certificate Energy Performance Certificate “How to Rent: the Checklist for Renting in England” booklet * Right to Rent checks Assured Shorthold Tenancy Notices & Prescribed Requirements (England) Regulations 2015

Section 21 Notices Which type of Section 21 Notice should I serve? Before 1 st October 2015 Section 21 (1); Section 21 (4); On or after 1 st October 2015 Section 21 (4ZA) Includes replacement ASTs Check which is most suitable

Section 21 Notices What is the best way to serve notice?

Section 21 Notices Why might my Section 21 Notice be invalid? Regulations not complied with Still in first four months of tenancy (including renewals) Relevant Notice served by Housing Authority Failed to respond to written complaint – ‘Retaliation Notice’ “New” ASTs only – 1 st July 2018

Section 21 Notices How can I prevent an argument of Retaliation Notice? Respond to complaints concerning the condition of the property. You, or your agent, need to clarify:- in writing; within 14 days; what you propose to do to address the complaint; set out a reasonable timescale. Note: Failing to respond is not enough to invalidate s.21, but is risky.

Section 21 Notices Relevant Notice – Housing Act 2004 Improvement Notice relating to Category 1/ Category 2 Hazard/ immediate action Hazard = risk of harm to health and safety of occupiers arising from deficiency in the condition of the property Prescribed hazards listed - Damp & mold - Excess cold - Over crowding Landlord cannot serve Section 21 notice for six months

Section 21 Notices However….. Section 21 can be service:- If notice is revoked, quashed or reversed; If the property is “genuinely on the market for sale” (not to someone associated to the landlord) If you can show that the problems were caused by the tenants

Contact Details Tel: / uk.linkedin.com/in/daniellehughes

Questions?