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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 195
Experience:  Expert
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My son has been served an eviction notice, his rent was due

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My son has been served an eviction notice, his rent was due on the first of the month. He has set up a standing order with the bank, the first being a Saturday this weekend, a bank holiday, the landlord has given him thirty days to vacate the flat. Can you advise pease?
JA: Where is this? It matters because laws vary by location.
Customer: In Bristol
JA: What steps have been taken so far?
Customer: My son has received a phone from call from the landlord to tell him that a letter has been delivered by hand to the flat. So he hasn’t seen it yet because he is at work.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I really don’t know any more although my son has lived in the flat for a number of years it is a new tenancy agreement.

Hi,

My name is ***** ***** I will try and help you today.

I am sorry to hear of the problems your son is having.

Is it an assured shorthold tenancy?

How long is the term and when did the new tenancy start?

It will depend to some extent on which notice has been served.

Either way he cannot be evicted without a court order due to the Protection from Eviction Act 1977.

Any process will take some months and at the moment notice periods have been extended under the Coronavirus Act 2020 although the government has indicated this could change on the 31st May 2021.

Customer: replied 8 days ago.
it is an assured tenancy for a fixed period of six months from april 1st 2021

If it is a section 8 notice, being a notice following default by the tenant as long as the rent is paid it is unlikely he would be evicted unless there is some other breach of the tenancy agreement.

If it is a section 21 notice the current notice period is 6 months and it may be challenged if the landlord has not complied with very strict criteria.

Customer: replied 8 days ago.
Thank you for your information. Does the eviction notice, of whatever type, have to be received on the correct form.

As it is a fixed term tenancy for six months the landlord cannot serve a section 21 notice that expires before the end of the tenancy i.e. October.

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