3. Private tenants being asked to leave
You should be given two months notice to leave an assured shorthold tenancy (AST). This must be in writing. If you have been told by your landlord that they want you to leave but have not been served notice, contact your local housing options team for further advice and support.
In some instances there will be specific grounds such as rent arrears that can grant possession. In most cases a no-grounds notice is issued known as a Section 21 notice. This means your landlord doesn’t have to say why they are asking you to leave and does not give the courts any discretion to deny the application for possession.
- Your notice must be on a specific form (This is known as a Form 6A) to serve valid Section 21 notice. It cannot be served within the first four months of your tenancy agreement (It can be served at any point after the 6 month initial tenancy period if you have not signed a new tenancy agreement).
- You must have received a valid Energy Performance Certificate, Gas Safety Certificate if there is gas in the property and the How to Rent: The Checklist for Renting in England must have been issued to you.
- If you have taken action against your landlord in relation to repairs and the local authority have written to request repairs be completed, these must be done before a valid notice can be served.
- If you paid a cash deposit, this must have been protected in a Tenancy Deposit Scheme.
- If you live in a house of multiple occupation that requires a licence, the landlord must have that licence before serving a valid notice.
If you are being evicted for breaches in your tenancy, your landlord may seek Accelerated Possession through the courts. This is usually applied for if you are more than 2 months in arrears with your rent. This is referred to as Section 8 notice. The landlord will be required to write to you and give you 14 days notice of their intent to apply for accelerated possession of your tenancy. This can allow you to clear your debt or contact the landlord to try and fix any other issues with your tenancy.