By law, there are certain circumstances when landlords cannot ask tenants to leave rented accommodation.
For all Assured Shorthold Tenancies (AST) created on or after 1 October 2015, a 'notice seeking possession' or a 'section 21 notice to quit' may not be given:
- during the first 4 months of a tenancy
- where the landlord is prevented from 'retaliatory eviction' by law
- where the landlord has not provided the tenant with an energy performance certificate, gas safety certificate or the 'How to Rent' booklet
- where the landlord has not complied with the tenancy deposit protection legislation (see GOV.UK for details)
- where a property requires a HMO licence, but is unlicensed
Landlords who are unsure about any of these exemptions should seek specialist advice.
Landlords giving a 'notice to quit'
If you are considering asking your tenant to leave due to tenancy issues, the council's Housing Options Team may be able to intervene to prevent this from happening - contact them for advice.
Landlords who aren't affected by the rules above must now use (Housing Act) form 6A, available on legislation.gov.uk, if they wish to follow the 'section 21 notice to quit' procedure. This is the prescribed form for all Assured Shorthold Tenancies (AST) created on or after 1 October 2015.
Tenants receiving a 'notice to quit'
If you receive a 'section 21 notice to quit' you should read the notice very carefully.
You're entitled to at least 2 months notice (longer if your tenancy has more than 2 months of its fixed term remaining).
If you feel that your landlord is not following the rules about serving a 'section 21 notice to quit', or you need further advice about a notice, you should contact the Housing Options Team as soon as possible. Find out how the Housing Options Team can help.