Breach of Tenancy Agreement

Breach of Tenancy Agreement

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

What counts as a breach 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 obtaining possession 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 the terms of a tenancy based on a specific ground
• 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 possession 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 notice.

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

If you have received a Notice for a 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