Evicting your tenant

lllegal Eviction is a criminal offence.  The only way for a landlord to end a tenancy lawfully is to follow the correct legal procedure, for example by serving a Section 21 or Section 8 Notice.  Even if an initial fixed term has come to an end according to the tenancy agreement, the landlord still needs to serve notice and proceed to court.  In these cases it is illegal for anyone other than a court-appointed bailiff to actually evict the tenant.

Renting in East Staffordshire is a web page provided by the Council giving information on the responsibilities of both landlords and tenants.  It is essential reading because if landlords do not set up and manage a tenancy correctly they will often be prevented by law from ending the tenancy as smoothly as they would like.

Section 8 and Section 21 Notices are the most common types of notice to end an Assured Shorthold Tenancy (AST).  When a landlord lets out a flat or house an AST is usually created regardless of whether there is a written agreement.  This means the tenancy must be conducted according to rules set out in the Housing Act 1988

Excluded occupiers such as lodgers are people who, unlike Assured Shorthold Tenants, are excluded from the terms of the Protection from Eviction Act 1977.  This means they cannot rely on the same protection as Assured Shorthold Tenants and so can be evicted more easily as long as they are given reasonable notice.  For a landlord’s lodger to be an excluded occupier, the landlord would have to be resident in the same dwelling both at the time of the initial letting and at the time it comes to an end. 

If you need further information please contact landlordrelations@eaststaffsbc.gov.uk or phone 01283 508149