Possession proceedings – Seminar – 28th October 2008
1. Introduction - These notes are intended to assist volunteers of Law Works who are
giving pro bono advice on housing law. It is aimed at people with little or no
experience of the subject. It is hoped they will enable you to identify a specific area
and provide basic advice to clients. It deals first with basic housing law and the major
change which took place on 15/1/89 with the coming into force of the Housing Act
1988, as a basis for dealing with possession proceedings, mainly involving tenants. It
deals briefly with mortgage possession proceedings. The seminar is intended to last
for 1 hour.
2. Overview – stages of possession and eviction
3. Status of occupancy
4. Types of Tenancy
5. Determining Status
6. What types of queries you might have to deal with? What to do? What to advise?
7. I have received a letter from my landlord to say I am being evicted. What can I do?
8. I have left (am going to leave) my private rented accommodation and my landlord
will not give me back my deposit. What can I do?
9. Possession proceedings
10. Overview
11. Types of queries you are likely to meet
12. what to do
13. what to advise
Part I - Status
1. Status of occupant – 4 possibilities
i.
no landlord and does not own the property  trespasser
ii.
4 qualities of a tenancy present
a) identifiable parties - a landlord and a tenant
b) identifiable premises – could be a single room or acres of land
c) period of tenancy – e.g. weekly/monthly
d) exclusive possession – conveys use of the property to the exclusion of all others
(Street v Mountford 1985)  tenant
iii.
any quality missing  licensee, e.g. no payment
iv.
no landlord and owns the property  mortgagor/owner occupier
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2. Trespasser/Licensee/Mortgagor – concerned today mainly with tenants. However,
there are similar procedures for obtaining possession from other occupants. Generally
speaking, it will be necessary for someone with better title to obtain a court order if
the matter is being resisted. Ending Occupation
i.
Trespasser  owner may still need to apply to court for an order due to
potential criminal liability. Need only prove title and intention to regain
possession (s6 Criminal Law Act 77 – makes it an offence for any
person to use or threaten violence against people or property to gain
entry, if the person knows there is someone on the premises at the time of
the proposed entry, opposed to the entry). Speedy procedure for an IPO
(interim possession order –entry without consent). Can obtain a
possession order after 3 days. Adverse possession Limitation Act
defence, 12 years, rarer. Reform  must register claim on land register
ii.
Former tenant or licensee  serve reasonable notice of termination of
licence. Licensor may still need to apply to court for an order due to
potential criminal liability (s6CLA 77/ s3 of the Protection from
Eviction Act - PEA 77 – former tenants entitled to stay in occupation
until a court order made, save “excluded” tenants)
iii.
Mortgagor  lender has immediate legal right to possession of
mortgaged property. Court has limited inherent and statutory power to
stop lender obtaining possession or delay possession. Court will only
exercise discretion to suspend an order for possession if satisfied any
arrears can be cleared within a reasonable period of time
(Administration of Justice Act 1970, s36)
Part II – Types of tenancies and determination of tenancies
3. Tenancy. Largely covered by statute. Two important questions
i.
Who is your landlord? The answer is likely to tell you which statute
covers the tenancy
ii.
When did you move into the property? The answer is likely to help
you determine what type of tenancy is involved.
4. Who is your landlord? For our purposes, there are 2 answers to this question
i.
Landlord is a council landlord  public sector tenancy, covered by the
Housing Act 1998 and/or the Housing Act 1996
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ii.
Landlord is a private landlord  private sector tenancy, covered by the
Housing Act 1988, the Housing Act 1996 or the Rent Act 1977.
5. When did you move in? Important dates
i.
Public sector landlord – before 1997 - definitely a secure tenant. After
1997, likely to be secure tenant, but might be introductory tenant.
ii.
Private sector occupants – before 15/1/1989, Rent Act protected tenant
or statutory tenant. After 15/1/1989, but before 28/2/1997 – tenancy
likely to be assured. Tenancy will be assured shorthold, if and only if
notice served before commencement of the tenancy, to confirm that
tenancy is assured shorthold tenant. Due to landlord`s difficulty,
provision changed on 28/2/1997, by the Housing Act 1996. After
28/2/1997, tenancy likely to be assured shorthold. Tenancy will be
assured, if and only if notice served before commencement of the
tenancy, to confirm that tenancy is assured.
6. Types of tenancyi.
Public sector tenancies
a. Secure council tenancy – property let as a separate dwelling under a tenancy or
licence, where one party is an individual and the other is a local authority. It affords
good protection for the tenant as secure tenancy can only be terminated by possession
order made by the court. Generally, the court will make such an order if and only if
satisfied it is reasonable in all the circumstances to make a possession order. A secure
tenancy depends on occupation. At the point at which occupation ceases permanently,
the secure tenancy ends. Note also exceptions to secure tenancy status, set out in Sch.
1, 1985 Act)
b. Introductory tenancy – probationary tenancy for 12 months at the end of which it
can become a secure tenancy. Excluded from being an introductory tenancy, if
immediately, before tenancy granted, it was a secure tenancy. Council must take steps
to set up an introductory tenancy regime for all new tenancies. If system is not set up,
there can be no introductory tenancy. The idea of an introductory tenancy is if tenant
breaches the probation, there is a right of review of the decision by the council. The
tenant has 14 days in which to request the review. During the probation, council can
terminate tenancy. It can go on to obtain a possession order. Generally, court must
make a possession order, provided the court is satisfied that a valid notice has been
served. In the event that the tenant disputes the review and the review procedures,
these may be challenged by way of Judicial Review.
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ii.
Private Sector tenancies
a. Rent Act protected tenancy –Becoming increasingly rare, as no
new Rent Act tenancies created after 15/1/1989 (nearly 17 years
ago). As with secure tenancy, it is property let as a separate
dwelling, before 15/1/89. Once occupation permanently ceases, the
protected tenancy ceases. There is a list of exclusions, set out in
ss5-12 – the main one of which is a Resident landlord, that is,
where the landlord lives in the same building. Upon termination of
the protected (contractual) tenancy, a statutory tenancy arises on
the same terms and conditions at the contractual tenancy. It is the
statutory tenancy which requires possession proceedings to end it.
b. Assured tenancy – after 15/1/1989. Again, defined as property let
as a separate dwelling. There is again a list of exclusions which are
rare in practice, set out in Sch. 1 of the 1988 Act. The main one is
the resident landlord. As with secure and protected tenancies, it
depends on occupation. Reasonable protection for tenant, as
landlord must generally prove tenant has done something wrong to
obtain possession, e.g. failed to pay rent.
c. Assured shorthold tenancy – this is a form of assured tenancy,
which affords very little protection. It must be for a period not less
than 6 months and generally the tenant has safeguards against
termination in that time. Thereafter, a landlord can serve notice of
termination of the tenancy by giving 2 months notice in prescribed
form, i.e., there need be no fault on the part of the tenant.
Are Proceedings necessary?
•
Protection of Eviction Act 1977 – there are criminal offences that a person may
commit
Section 1
•
S1 Unlawful harassment and eviction
•
S1 (2)– if any person unlawfully the residential occupier of premises or attempts to
do so  guilty of an offence, unless he reasonably believed the person had ceased to
occupy
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•
S1(3) – if any person with intent to cause the residential occupier (RO) to give up
occupation or refrain from exercising any right in respect of the property ; does any
act likely to interfere with the peace and comfort of the RO or his/her household or
persistently withdraws or withholds services reasonably required for the occupation
of the premises  guilty of an offence
Section 2
•
Restriction on re-entry without due process of law
•
Where any premises are let as a dwelling on a lease which is subject to a right of reentry or forfeiture it shall not be lawful to enforce that right otherwise than by
proceedings in the court while any person is lawfully residing in the premises or part
of them.
Section 3
•
S3 – prohibition of eviction without due process of law
•
premises let as a dwelling under a tenancy which is neither a statutorily tenancy nor
an excluded tenancy and
•
Tenancy has come to an end
•
The occupier continues to reside
•
It is unlawful to enforce without a court proceedings
Section 3A – excluded tenancies and licences
•
under its terms the occupier shares any accommodation with the landlord or licensor
(or a member of his/her family); and
•
(b) immediately before the tenancy or licence was granted and also at the time it
comes to an end, the landlord or licensor occupied as his only or principal home
premises of which the whole or part of the shared accommodation formed part.
Section 4
•
agricultural workers
Section 5
•
S5 below no notice by a landlord or a tenant to quit any premises let (whether before
or after the commencement of this Act) as a dwelling shall be valid unless
•
(a) it is in writing and contains such information as may be prescribed, and
•
(b) it is given not less than four weeks before the date on which it is to take effect.
•
This does not apply to an excluded licence or tenancy
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Part III – Proceedings for Possession
7. Background – all the above types of tenancy are protected by statute. The statute sets
out the procedure to be followed in order for a landlord to recover possession. The
procedure is contained in CPR 55 Civil Practice Rules and in the County Court
Rules, Order 26, rule 17 (warrants). Note also CPR 39.3 – deals with applications to
set aside (cancel) a possession order, where it is made in the absence of a tenant.
Where tenant is present, order can only be challenged by way of appeal (CPR 52).
8. Possession Procedure – 2 important steps for a landlord to take
i.
Notice – termination of contractual tenancy - the landlord must serve a
notice to show that s/he regards the common law (contractual) tenancy as
terminated. Once the contractual tenancy is ended, statute then provides
for a statutory tenancy to take the place of the contractual tenancy on
broadly the same terms. It is the statutory tenancy that requires
possession proceedings to terminate it, i.e. ended only by court order.
ii.
Ground for possession - In order for the court to make a possession
order, the landlord must prove to the court a ground for possession.
iii.
the type of notice and the grounds of possession is set out in the relevant
statute. Statutory protection and security of tenure is marked by the need
to serve notice of end of tenancy, state a ground for possession and obtain
a court order.
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9. Notices – termination of tenancy at common law
i.
Secure tenancy  Notice of Seeking Possession – prescribed form giving
at least 28 days notice.
ii.
Introductory tenancy  Notice of Proceedings for Possession, prescribed
form giving 14 days to request a review
iii.
Assured (or shorthold) tenancy  Notice of Seeking Possession,
prescribed form giving notice of between 2 weeks and 2 months,
depending no ground for possession
iv.
Rent Act protected tenancy  Notice to Quit, prescribed form, giving at
least 28 days notice. s5 of the Protection from Eviction Act 1977
(PEA), requires all notices to quit to be in writing, give a minimum of 4
weeks notice and must expire on either the last or first day of a period of
the tenancy.
10. Grounds for Possession –
i.
Secure tenancy – Schedule 2 of the 1985 Act – need to prove ground +
reasonableness/ground + alternative accommodation/ground + suitable
accommodation + reasonableness. You will mainly encounter Ground 1
unpaid rent or breach of term in the tenancy agreement. However,
Ground 2 deals with anti social behaviour, e.g. gang violence, drugs
selling. Need to prove ground (e.g. rent arrears) + reasonableness.
ii.
Reasonableness – this means that the court has discretion to decide
whether or not to make a possession order. It can decline to do so, if, in
all the circumstances of the case, it considers it unreasonable to do so; for
example, in a secure tenancy case, where the arrears are largely due to
errors of the council`s own housing benefit department. Or where arrears
are very low, e.g. under £100; or where there are reasonable alternatives
to possession, e.g. direct deduction from tenant`s state benefit.
iii.
Introductory tenancy – need only prove service of Notice of Proceedings
for Possession
iv.
Assured tenancy – Sch.2, Part I Mandatory Grounds (e.g. Ground 8 – 2
months rent arrears)
Sch.2, Part II, Discretionary Grounds
v.
Assured shorthold tenancy – additional mandatory ground – (s21)
vi.
Rent Act tenancy – (Sch.15, Part I – mandatory grounds
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Part II – discretionary grounds. Case 1rent arrears and breach of term of tenancy
Defences – Disability Discrimination Act 1995
Section 22 (3)( c ) DDA 1995 makes it unlawful for a person who manages any premises (e.g.
a landlord) to discriminate against a person with a disability who occupies those premises “by
evicting [him] or subjecting him to any other detriment”
2 cases - In Manchester City Council v Romano [2005] 1 WLR 2775 at [63]) – the Court of
Appeal held that in a case where the court has a discretion as to whether to make a possession
order, that if the tenant can show that the landlord’s conduct amounted to unlawful
discrimination under the DDA 1995, that factor was a factor to be taken into account when
the court was determining whether it was reasonable to make an order of possession
In LB Lewisham v Malcolm [2008] UKHL 43 the House of Lords unanimously allowed
Lewisham`s appeal and restored the original order against Mr Malcolm .
The Court of Appeal had held that damages would not provide an effective remedy in
possession proceedings where the tenant has no security of tenure but where the possession
proceedings constitute unlawful discrimination. It also held that a court should dismiss
possession proceedings if satisfied that that their pursuit is unlawful. The Court also
considered three further issues namely (i) the manner in which the trial judge had addressed
the issue of disability; (ii) the issue of "causation" namely the relationship between the
treatment and the disability; and (iii) the relevance of "knowledge".
The ruling goes considerably further than the judgment in Manchester City Council v
Romano [2005].
The House of Lords rejected the tenant's case that there was a causal connection between his
mental illness and the sub-letting. Moreover, it decided that even if there had been such a
connection, there had been no discrimination on the grounds of that disability because (a)
Lewisham had not been aware of the disability when deciding to seek possession and (b) its
policy was to recover possession where any property had been wholly sublet. Mr Malcolm
had been treated no more unfavourably than any other tenant who had sublet and moved
away. The decision considerably reduces the scope of the Disability Discrimination Act 1995
not only in housing cases but in all other areas covered by the Act.
Other defences – include
-
not reasonable to make possession order (discretionary ground) e.g.
outstanding HB
Defendant has significant counterclaim for disrepair
Technical defence – defect of relevant notice – but note that court
may have power to waive the defect in some cases (not in section
21 cases)
McCann v UK
European Court, Application no 190009/04
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Mr and Mrs McCann were joint tenants of a council house in Birmingham. Mrs
McCann left with the children and was re-housed. The council then asked her to sign
a notice to quit in respect of the joint tenancy. When she did so, the tenancy ended
and the council sought possession from Mr McCann. He had no defence in English
property law and, on appeal, a possession order was made. A claim for judicial
review of the council's actions was dismissed. He therefore never had a forum in
which to make a factual case as to why he should be allowed to keep his home. The
European Court decided that this had violated his right to respect for his home (under
Article 8) and awarded him compensation and costs. In doing so, the Court explicitly
endorsed the approach of the minority in the House of Lords cases of Qazi v Harrow
LBC and Kay v Lambeth LBC
11. Possession Proceedings - governed by CPR 55. Landlord must prepare and lodge
Claim for Possession and Particulars of Claim, setting out information prescribed in
CPR 55. This includes
i.
identifying the land to which the claim relates
ii.
whether claim relates to residential property
iii.
ground for possession
iv.
full details of tenancy or mortgage agreement
12. The court will fix a hearing date, which must not be less than 28 days from the date
Claim issued. Defendant must have at least 21 days notice of the hearing. A Reply
form will be sent with the Claim. The Defendant has 14 days to return this to indicate
whether the Claim will be defended. If there is a defence, it is likely that the hearing
date will be adjourned with directions. Instructions can be taken to see if the tenant
has a claim against the landlord, e.g. disrepair, to counterclaim in the proceedings
13. Accelerated Possession Proceedings – where
i.
there is an assured shorthold tenancy
ii.
the landlord has served a section 21 notice, giving 2 months notice of
termination of the tenancy and intention to apply for possession
iii.
he seeks possession only
s/he can apply to the court for an order for accelerated possession on a prescribed form. The
court has the power to make an order without a hearing, based on the papers only, which must
include the tenancy agreement and the section 21 notice. The tenant has 14 days to reply to
indicate whether s/he has a defence to the Claim, or whether s/he wants the court to postpone
possession for maximum of 42 days, in case of exception hardship. No reply  court will
make possession order on considering the papers only, that is, no court hearing.
14. Possession Order – can be suspended or outright.
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i.
Outright Possession Order (OPO) means and immediate order for
possession on a fixed date. On this date, legal possession of the property
returns to the landlord, the tenant is ordered to leave by the court and the
statutory tenancy formally ends. The Housing Act 1980, s89 allows that
possession should not be postponed to a date later than 14 days after the
making of the order, unless it appears to the court that this would cause
exceptional hardship. In any event, it shall not be postponed later than 6
weeks after the making of the order.
ii.
Postponed Possession Order means that the date on which possession is
transferred is delayed upon the occurrence of certain terms. In the case of
rent arrears, the court usually orders the tenant to pay the rent, plus an
amount off the arrears. Once the tenant misses such a payment, the
possession order comes into effect, the tenant is ordered to leave and the
statutory tenancy formally ends.
There is now a line of authorities relating to tolerated trespasser. Note - Housing and
Regeneration Act 2008 – abolishes tolerated trespassers from 22 July 2008 forward, but note:
Bristol CC v Hassan [2006] EWCA Civ 656 – in the case of secure tenants, the case was
responsible for introducing the concept of postponed possession orders. Once the order is
broken by the Defendant, e.g. term of the order to pay rent plus amount off the arrears is
broken, landlord then has to apply to the court for a date on which the tenancy will be
determined.
White v Knowsley [2007] EWCA Civ 404 – applies the same principle as in Bristol case to
assured tenants.
15. After the possession order
i.
Breaking the possession order – where the tenant fails to comply with
the possession order, the statutory tenancy ends.
ii.
In the case of secure tenants, the case of Burrows v Brent 1996 HL,
created the concept of a tolerated trespasser. This is a secure tenant
against whom a possession order has been made and the order has been
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broken and where the landlord allows the occupant to stay until formal
steps are taken to evict him/her. An OPO is broken by staying in the
property after the date on which the possession order takes effect.
An SPO is broken by failure to comply with a term to which the order is
subject. Once the order is broken the statutory tenancy ends. Such an
occupant is without tenancy rights, the tenancy having ended, unless and
until an application is made to the court under s85(2) Housing Act 1985
to reinstate the secure tenancy. This allows the court to postpone the date
on which possession was due to take effect.
iii.
In the case of assured tenancies, it is believed that concept of tolerated
trespasser also applies, although there have been no decided cases in
respect of it. s9 Housing Act 1988 is similar to s85 of the 85 Act.
16. Application for eviction –
i.
the landlord applies to the court for a bailiffs warrant. This is application
for court bailiffs to attend the property and evict the tenant, for his/her
failure to comply with the court order. The application is made on a
prescribed form with payment of a fee.
ii.
The bailiff will then write to the occupant to confirm attendance at the
property on a particular date (the eviction date) in order to evict all
occupants on the property referred to in the warrant.
17. Application to stay the eviction – at this stage, the occupant/former tenant can apply
to the court to stop the eviction. The court has wide discretion to do so. The
application is made on Form N244, with payment of a fee (presently £35) or
completion of a fees exempt form, stating the reasons why the court order has been
breached, proposals for remedying the breach and a proposal to deal with future
conduct. If the application for a stay of execution is dismissed, the eviction will go
ahead. If the court grants a stay, the eviction will be stopped and the court will
impose terms in respect of any adjournment, stay or suspension, e.g. as to payment of
rent and arrears.
18. Post Eviction – an application can be made after the eviction for re-entry into the
property. Again, the application is made on N244 with the appropriate fee. The
court`s powers are extremely limited to order re-entry.
19. There are 3 situations where this can be done
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i.
where an application can be made to set aside (cancel) the original
possession order, as the Defendant was not present (CPR 39.3)
ii.
where there has been fraud in obtaining the eviction
iii.
where there has been abuse of process or oppression in the execution of
the eviction (Hammersmith + Fulham v Hill 1995 CA). An example of
oppression is where the landlord or someone else involved in the eviction
process (e.g. the court) does something to prevent the occupant applying
to the court to stay the eviction, e.g. says that the only way to stop the
eviction is to clear all the arrears (LBLambeth v Hughes 2001 CA)
Outline Mortgage Possession Proceedings
Similar to landlord possession proceedings
Don't delay – early action means more options open and it limits legal costs.
Reason for repossession
There has to be a legal reason for your home to be repossessed. The most common reason is if
you have mortgage arrears or arrears on another secured loan taken out against your home. If
you are in arrears you should try to pay as much as you can on a regular basis, even after
court action has been started.
Leaseholders can also be evicted by their freeholder if they break the conditions of their lease,
e.g. non payment of service charges
Notice from your lender
The lender will write to you asking you to remedy the situation and will write to you to let
you know it intends to take court action against you if the problem is not resolved.
A summons from the court
The court will write to you telling you when a hearing is to take place. It is essential to get
legal advice at this point if client has not already done so. An adviser may be able to help
client to prepare for the hearing, gather evidence and/or negotiate with the other side.
The court hearing
At the judge will hear evidence from you and your lender or freeholder before making a
decision. The judge may:
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
adjourn the case

strike it out

allow you to stay in the property provided you keep to certain conditions, such as
repaying the arrears in instalments, or

give you time to sell your property to avoid repossession, or

decide that you should be evicted.
The court order
If the judge decides that your home is to be repossessed, the court order will asset a date for
you to leave. If you have not left by that date, your lender or freeholder must apply to the
court for a bailiffs warrant. The bailiffs will write to tell you when the eviction is to take
place, and when they come, they can remove you from your home.
FAQs
1. How quickly can a repossession be stopped?
It can be stopped right up to the date of eviction.
2. . Should I pay my unsecured debts in priority over my mortgage ?
No. Definitely not – do pay someone just because they make the loudest noise. Prioritize in
order of importance. Roof over your head is usually the most important – after food and
probably council tax for which you could be sent to prison
3. Can I take out a unsecured loan to pay off my arrears?
Beware quick fixes that make the situation worse, particularly if at high interest rates.
4.
Is handing back the keys the end of the matter?
No. Your lender will put the house up for sale, normally by auction to recover the money
owed. If there is a shortfall, meaning you owe more than the house is sold for, your lender can
legally chase you for this money for 12 years (5 years in Scotland). You will be responsible
for ongoing mortgage interest payments right up until sale, and all the sale costs. This will
include estate agents fees, locksmiths costs, solicitors fees on repossession and re-sale,
surveyors fees and utility bills.
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Offer to pay what you can afford - no matter how small
Client can offer to repay the arrears over any amount of time up to the remaining term of the
mortgage.
Explain why client can only afford this amount – they may not be aware of your
circumstances. Until you explain your problems, you're just another account number.
Ask to delay repayment of arrears
If client can afford your normally monthly payments, but can’t afford anything towards the
arrears, you could ask lender if they can delay arrears payments for the time being pending a
review in say, 6 months.
Ask to add the arrears to the mortgage loan
You could ask the mortgage company to capitalise the arrears. This means adding them to
your total mortgage balance, spreading the arrears over the remaining period of your
mortgage.
This will increase monthly repayments, but not greatly.
Sell your property yourself
If you can't see a way to affording your mortgage repayments in the long term, then don't sit
back waiting for the inevitable.
If your home is repossessed by your creditors, they will take control of its sale.
Further Reading
LAG – (Legal Action Group) - Defending Possession Proceedings – by Nick Madge, Jan
Luba and Derek McConnell
Manual of Housing Law – Andrew Arden/Caroline Hunter – Sweet and Maxwell
Statutes
Rent Act 1977
Criminal Law Act 1977
Protection from Eviction Act 1977
Housing Act 1980
Housing Act 1985
Housing Act 1988
Housing Act 1996
Housing and Regeneration Act 2008
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Tenancy Deposits
The system - The system changed on 6 April 2007. From that date, a tenancy deposit
scheme was introduced. It does not protect deposit before that date.After payment of the
deposit, the landlord or agent must then protect the deposit using a tenancy deposit scheme.
There are two types of scheme available:

a custodial scheme. With this scheme, the landlord or agent pays the deposit to
the scheme, which will keep it until the end of your tenancy

an insurance scheme, where the landlord or agent keeps the deposit but pays
insurance premiums to the scheme. This means that the deposit is insured if there
is any dispute, and the scheme will repay the tenant the agreed amount directly.
The insurance scheme can charge fees to landlords for membership and can
require contributions towards the costs of insurance
What the landlord must do - The landlord or agent must decide what scheme to use.
They must then provide certain information to you within 14 days of the day when you paid
your deposit. This information includes:

the landlord or agent's contact details

which tenancy deposit scheme they are using and the contact details for the
scheme

information about the purpose of the tenancy deposit

when you can apply to get the deposit back at the end of the tenancy

what you can do if there is a dispute about the deposit
What must you do - Consider drawing up an inventory when you move into the property.
Make sure you keep a record of all rent payments. Consider obtaining legal advice, if
for example, unsure about the tenancy
What if the landlord fails to protect my deposit - If the landlord fails to provide
protection within 14 days, you can get an order from the County Court that you get your
deposit back or protect it in one of the deposit schemes. The court will also order the landlord
or agent to pay you compensation equivalent to three times the value of the deposit you paid.
The landlord or agent must do all of these things within 14 days of the court order.In addition,
if your landlord or agent hasn't protected your deposit and provided the required information
within 14 days, then there are restrictions on how they can evict you. Normally, landlords of
assured shorthold tenants can evict a tenant by giving you a minimum of two months' notice
and then getting a court order without having to show a reason. This is known as the
'shorthold ground'. However, if your landlord or agent hasn't protected your deposit and
provided the required information within 14 days, then they cannot use the shorthold ground
to evict you.
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Examples
1. Mrs. B. comes to see you. She has an eviction date due in 2 weeks time. She
has no papers with her. She says she has been living at her property for about
10 years and is terrified of being evicted. She believes she has arrears of over
£3,000. She wants to know what, if anything, she can do.
i.
what further information would you need from Mrs. B.
ii.
what documentation might you want to see
iii.
what advice would you give Mrs. B about her status
iv.
what advice would you give Mrs. B about what next needs to be done.
a. Gordon Brown comes to your office. He says he has an eviction notice from
his landlord, Mr. Chester, whom he owes rent, of about £1,000. It tells him
that if he does not pay all the arrears by 19th May, court proceedings will be
started against him. He has already started packing his bags to move out with
his wife and children.
i.
what further information would you need from Mr. Brown?
ii.
what advice would you give him about the eviction notice?
iii.
what should he do about his packed bags?
iv.
what practical steps could he take?
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