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Breach Of Tenancy Agreement

Breach Of Tenancy Agreement

 

If a tenant breaches their tenancy agreement, the landlord may decide to evict them and repossess the property.

 

What counts as a breach of contract varies from contract to contract; however there are several breaches that will prompt most landlords will seek a court order for possession;

 

  • Anti-social behaviour
  • Criminal activity
  • Damage and/or Disrepair
  • Harassment
  • Lack of cleanliness
  • Rent arrears
  • Sub-letting

 

A landlord has two possible options that allow for the repossession of the property. They can seek possession using one of two different notices;

 

  • Section 21 notice
  • Section 8 notice

 

A Section 21 (S21) notice can be used to evict tenants either;

 

  • After a fixed term tenancy ends – if there’s a written contract
  • During a tenancy with no fixed end date – known as a ‘periodic tenancy’

 

A Section 8 notice can be used for tenants with;

 

  • An assured tenancy
  • An assured shorthold tenancy

 

The biggest risk for a tenant in a repossession claim is the threat of being made homeless. For this reason it is essential to get in touch with a solicitor as soon as possible.

 

Get in Touch

 

In cases involving allegations of breach of tenancy agreement, it is essential to take legal advice from a housing solicitor with expertise in landlord and tenant disputes – especially if your landlord has already issued a Section 8 notice of a breach of tenancy and/or is seeking repossession after serving a Section 21 Notice to Quit, or is seeking damages.

 

 A housing solicitor can examine the legal basis for your landlord seeking repossession and advise on the best course of action – including dispute resolution and mediation as an alternative to court action and/or resisting possession proceedings by a landlord.

 

If have received a Section 21 Notice or a Section 8 Notice of breach of tenancy agreement from your landlord and face having the property possessed, do not hesitate to call Duncan Lewis Housing Solicitors on 033 3772 0409

 


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