Served Notice By Private Landlord

Quick Guide

Private Landlords usually have to follow special legal procedures in order to evict tenants. Sometimes they need a specific legal reason to evict their tenants, but in a lot of cases they don’t. Whether your Landlord can evict you, and how, depends on the type of tenancy you have. You can seek independent advice on this from the Citizens Advice Bureau, if you are not sure about your rights.

Notice from the Landlord

Most tenants are entitled to a written notice to leave a property. This applies even if your Landlord did not give you a written agreement to live there. The information that has to be included in the notice varies depending on the type of tenancy you have. The information usually
required is:

• Your name and address
• Your Landlord’s name and address
• The date you have to leave
• The reason your Landlord is evicting you
• Information about where you can get advice

When you can be given notice depends on the reason your landlord is evicting you and the type of tenancy you have. If you have a fixed term tenancy, your Landlord can only give you notice during the fixed term for one of the following reasons:

• If there is a reason to evict you (e.g. if you have broken a term of the agreement)
• If the notice does not expire until after the fixed term has ended
• If there is a ‘break clause’ in your tenancy agreement

If you have a periodic tenancy your Landlord can give you notice at any time as long as the notice is for the correct length of time and contains any other information which may be required depending on what sort of tenancy you have. We can speak to Private Landlords and negotiate to keep you in your property and prevent you from losing your home.

When Do I Have To Leave?

The notice must specify a date when your Landlord wants you to leave. There are rules about the earliest this date can be, which depend on the type of tenancy you have and the reason why your Landlord is evicting you. You don’t have to leave on this date, you can stay until your Landlord gets a possession order from the Court. However, if your Landlord does take you to Court to make you leave your home, you might have to pay their Court costs (approximately £200). Wigan and Leigh Housing can negotiate with Landlords to try and keep you in the property until you find alternative accommodation, to avoid the Landlord taking you to Court for possession of the property.

Eviction Date

If you haven’t left by the date the Court says you have to, your Landlord can arrange for a Bailiff to evict you. Bailiffs are employed by the Court. You will receive a letter from the Court saying when the Bailiffs will arrive. Bailiffs can physically remove you and your belongings from the property but must not use violence or unreasonable force in doing so. Wigan and Leigh Housing can liaise with the Court to try to prevent this from happening. Only a Court Bailiff is allowed to physically remove you from the property. If anyone else attempts to do this they are probably guilty of illegal eviction, which is a serious offence. If this is the case, ask us for our leaflet on ‘Harassment from Landlord and Illegal Eviction’ and seek advice as soon as possible from our Housing Options advisors. For more information contact us on 01942 487731 or Email: hoac@walh.co.uk