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  Warrant of Eviction

  If the tenant is still in the property once the date for possession on the possession order has passed the landlord is entitled to make an application for a warrant of eviction. Once this has been filed the Court will issue a warrant to the tenant giving the date and time that the court bailiff will attend to execute the warrant.

   

  The bailiffs have the right, using reasonable force to remove anyone who still occupies the property. A locksmith maybe employed by the landlord to change the locks to prevent re-occupation following the eviction. The landlord is not permitted to endeavour to remove any tenant until instruction have been issued for bailiffs to attend the property.

   

  The bailiff’s attendance date is the last date that the tenant is permitted to remain in the property. The tenant should attend the local authority accommodation office if a new property has not been found by this date to make a homeless application. The application will assessed for qualification for advice of accommodation assistance.

  

  by: tenancy solved uploaded May 31, 2018
• What is Housing Benefit?

  Housing Benefit offers assistance towards paying all or part of the rent of tenants on low incomes or who are in receipt of benefits. Claims should be made at a local authorities’ offices on the appropriate benefit application form.

  

  by: tenancy solved uploaded July 20, 2018
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  What makes a Section 21 Notice Invalid?

   

  If the notice has been completed incorrectly it will be invalid and give the tenant a Technical Defence to the claim for possession.

  If the facts of the case mean that the notice is invalid this will give the tenant a Substantive Defence to the claim for possession.

   

  Technical Defences

  A Section 21 (1) (b) Notice has been served and possession proceeding issued in court during the first six months of a tenancy.

  A Section 21 (1) (b) Notice has been served and possession proceeding issued in court before th fixed term of the tenancy has ended.

  A Section 21 (1) (b) Notice or a Section 21 (4) (a) Notice has been served that does not give at least two months written notice that the landlord requires possession.

  A Section 21 (1) (b) Notice or a Section 21 (4) (a) Notice has been served and possession proceedings have been issued before the notice has expired.

  A Section 21 (4) (a) Notice has been served and the expiry date is not the last date of the tenancy period and a saving clause has not been included in the Notice.

   

  Substantive Defences

  The property qualifies as a house of Multiple Occupation and the landlord does not have a licence for the property in accordance with Section 98 Housing Act 2004.

  The tenancy deposit paid by the tenant to the landlord has not been paid into one of the authorised tenancy deposit schemes according to Section 212-215 Housing Act 2004.

  To ensure validation of a Section 21 Notice a tenant should instruct a solicitor or other housing law professional to inspect the notice.

  

  by: tenancy solved uploaded July 20, 2018
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  Which Court?

  Any claim for possession will be commenced is the County Court which is local to the occupied property. Local court locations can be found at www.courttribunalfinder.service.gov.uk.

  

  by: tenancy solved uploaded July 20, 2018

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