Landlords commonly make mistakes that lead to the service of invalid notices on tenants. It is vital that the correct legal process is followed to prevent a tenant from successfully defending a possession claim.

Section 21 of the Housing Act 1988 allows a landlord to end an assured shorthold tenancy without a reason or ground for possession.

The landlord must:

  • Give the tenant a valid section 21 notice
  • If the tenant does not leave after expiry of the notice, then issue a court claim for a possession order.
  • If the tenant has still not vacated the premises then apply for a warrant to allow bailiffs to evict the tenant.

There are, however, a number of technical defences that a tenant might be able to raise to prevent eviction. For example (not an exhaustive list), this could be that the tenant was not given a gas safety certificate, energy performance certificate (EPC) or the government’s “How to rent” guide.

We can provide you with a strategic perspective on the most appropriate type of legal notice to serve your interests, to help you gain back control of your property and to obtain Judgment for any rent arrears.

St. Joseph Chambers operates strictly on a fixed fee basis, providing clients with a fixed cost and clear description of what is included in the cost.