If you’re a tenant under an assured shorthold tenancy, a landlord can legally evict you through a section 21 notice or a section 8 notice, providing the correct procedure has been carried out. If your landlord hasn’t followed the correct procedure or fulfilled their responsibilities, you may be able to contest the eviction notice.
For a section 8 notice, the landlord must correctly serve the notice and site at least one of 17 valid eviction grounds with the applicable notice period. Examples of section 8 notice grounds may be the property being repossessed by a mortgage lender or persistent late payments of rent.
A tenant can contest the ground for eviction.
In contrast, for a section 21 notice to be valid, the landlord must first give a tenant two months notice (currently 6 months because of the implementation of the Cornanvirus Act 2020). Additionally, the section 21 notice must be correctly served and fulfil some of the following requirements:
- The fixed term of the tenancy has ended, or it’s an open-ended tenancy.
- The tenant’s deposit is protected in a government-authorised scheme. A tenant must be served the prescribed information alongside a deposit certificate within 30 days after paying their deposit.
- The tenant hasn’t recently made complaints about the property. In a case where a landlord serves notice following a tenant’s complaint, it can be known as a revenge eviction.
- An “Improvement Notice” or “Notice of Emergency Remedial Action” hasn’t been issued to the landlord within the last six months.
- A tenant has received a copy of the gas safety certificate, an energy performance certificate and the Government’s ‘How to Rent Guide’ during their tenancy.
- The tenancy is more than four months.
- The correct procedure for serving the notice has been completed.
A tenant can contest the evicition if they feel the landlord hasn’t fulfilled their requirements.