Rental Repossession

There are certain rules and laws around landlords repossessing their property. A tenancy agreement provides tenants with a right of occupation. Landlords need to ensure they serve the correct notice of eviction; they can’t just decide to repossess their property overnight.

Rental Repossession

What are reasons for rental repossession?

  • Nuisance tenants

  • Outstanding rent

  • Landlord wishes to occupy their own home

What is the process of repossession?

Most assured shorthold tenancies can be terminated by either a Section 21 notice, or services of notice under Section 8 of the Housing Act 1988.

Section 21

This notice is served to the tenant when their agreement comes to an end (a fixed term tenancy) or if the tenant is on a periodic tenancy.

The landlord does not need to have a specific reason for serving a Section 21 notice. However, they will need to show that they held your deposit in a deposit protection scheme, and the date you must leave should be at least six months after your original tenancy began.

Since October 1st 2021, your landlord must give you written notice of two months.

Section 8

This is the notice served if the landlord has grounds (certain reasons) for asking you to leave.

These include:

  • Non-payment of rent (arrears)

  • Criminal activity within the property

  • Damage to the property

  • Anti-social behaviour