Renting is an agreement that is made between a tenant and landlord/letting agency for the temporary use of a property that is owned by another party and in return for a predetermined payment. It is crucial that private tenants understand their rights and responsibilities as well as the legal rights of their landlord and why/how an eviction process may be undertaken. Read on to find out more…
Landlords are legally obliged to provide their tenants with a notice period upon deciding to issue an eviction. In England, this is usually around 2 months, however the notice period has been extended due to ongoing COVID-19 restrictions. A notice period is a common courtesy that allows a tenant to find another property and organise their move so that a landlord may regain possession of their property by the stated date.
What happens if a tenant refuses to leave?
Although most evictions are quite amicable, in rare cases a tenant may refuse to leave by the end of the notice period. A landlord has to follow a legal pathway in order to regain control of their property by first applying for a ‘possession order’ from the courts which states a new legal date the tenant must leave; if the tenant still does not leave after this then a landlord may apply for a ‘warrant for possession’ which allows bailiffs to carry out the eviction promptly. These measures are often undertaken in serious circumstances, such as when a tenant has rent arrears or is failing to maintain the property as expected.
Eviction Before/After a Fixed Term
If your tenancy agreement is for a fixed term then your landlord can only evict you for certain reasons such as rent arrears, anti-social behaviour or a break clause in the contract. As such, it is important to remember your responsibilities as a tenant to avoid forcing a landlord’s hand towards eviction. However, once you reach the end of a fixed-term tenancy agreement then the landlord does not need a legal reason for eviction and may do so as long as they provide a notice period.
The majority of landlords are quite happy as long as their tenant is a respectable member of the community, takes good care of the property and pays their rent in full and on time. As such, private tenants often have nothing to worry about when it comes to evictions as this drastic maneuver is often undertaken as a last resort. With this said, if a landlord decided to sell their property then an eviction notice may be served at the end of a fixed-term agreement in order to accommodate this at no fault of the tenant. To find out more information about private renting and evictions, get in contact with the best letting agency Altrincham has to offer and speak to a member of the Empanda Properties team today!