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Luton Borough Council

Eviction of assured shorthold tenants – advice for landlords

Help and advice for landlords seeking to evict tenants.

There are a number of national and local organisations (such as the National Residential Landlords Association) which can assist landlords and agents in matters involving landlord and tenant; including what to do if the landlord wishes to end a tenancy. We strongly advise landlords and agents to contact these organisations and/or a legal adviser for advice and assistance.
 
Most private rented tenants are assured shorthold tenants and possession can be legally gained with two months’ notice using what is called a Section 21 notice; however landlords must follow certain rules, procedures and the law:
  • unless the relationship is so poor you are unable to do so, talk to, negotiate with, and communicate with your tenant to see if there is an alternative to legal action
  • you will generally only be able to take court proceedings in the County Court to evict your tenant if you have served the proper notices in the right form first and waited until any notice periods have expired
  • it is a criminal offence to evict a tenant other than by obtaining a court order for possession and if the tenant fails to vacate, by arranging for the court bailiff
  • keep copies of documents and maintain good records as you will need to prove to the court that your notices has been served and that you have acted correctly
  • it will normally take between 8-12 weeks before a Court Order is obtained
  • seek advice from us as early as possible (see contact details below) where you feel a case of homelessness may arise
  • should the tenant approach us for advice, you should be aware that we wish to prevent homelessness and will want to work with you to do so
  • taking away someone’s home is treated by the courts and by us as a very serious matter. Landlords are therefore expected to act completely properly, accurately and thoroughly, otherwise their claim for possession is likely to fail and the landlord will be ordered to pay costs
This is meant as a brief summary only and is not intended to provide exhaustive guidance.
Our Housing Solutions team is here to provide advice and assistance to both landlords and tenants.
Contact info
Housing Solutions team
Luton Council, Town Hall, George Street, Luton, Bedfordshire, LU1 2BQ
Tel: 01582 510371

[email protected]

 

© 2022 Luton Council, Town Hall, Luton LU1 2BQ