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Last revision: 02/11/2023
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An Eviction Notice, also known as a Notice, is a document which the Landlord sends to the Tenant informing them of the Landlord's intention to start the process of removing the Tenant from the property. This process is very strict and it is important for the Landlord to follow the stipulated procedure in order for the eviction to be valid. Nonetheless, the eviction process will generally commence with the Landlord providing the Tenant with a written Eviction Notice. Common reasons for evicting a tenant from a property include nonpayment of rent, breach of the terms of the tenancy agreement, committing illegal activities on the property, the end of the tenancy or the expiration of the term of the tenancy. The Eviction Notice has the function of making the Tenant or Tenants aware of the reason why they are being evicted from the property and gives the Tenant a deadline by which they must either correct the reason for the eviction or make arrangements to leave the property and return it to the Landlord's possession. Where the Tenant fails to correct the violation that has warranted the service of the Eviction Notice or leave the property by the deadline, the landlord can proceed with further legal action to reclaim the property via the process stipulated in legislation.
This Eviction Notice is for use where the residential property is in the jurisdiction of England.
How to use this document
This document should be used to inform a Tenant or multiple Tenants residing in a property that they are being evicted from the property for either of the following reasons:
This Notice includes important facts about the property and the tenancy agreement, including the parties to the tenancy agreement, the address of the rental property, the date the Tenant(s) entered into the tenancy agreement, a description of the reason for the Tenant's eviction, and if applicable, instructions about how the Tenant(s) can correct the breach of the tenancy agreement and the deadline by which they must take action to remedy their breach and be in compliance with the tenancy agreement.
Once the Landlord has filled the Eviction Notice, the next steps will be to sign and date it and make arrangements for how the notice will be delivered to the Tenant. The Landlord should also make sure to keep a copy of the Notice for their own files in the case of future legal action. As a general practice, an Eviction Notice is usually sent by mail/post or delivered in person, so that there is a record that the letter was sent and received by the Tenant. Nonetheless, this notice makes provision for this Eviction Notice to be sent electronically via email. The reason for this is that it is possible, under a tenancy agreement for the parties to agree that a notice can be validly served by email. The Landlord can print out a copy of the sent email to serve as proof of service and as a record of the notice being served. These records may be useful in the event that there is a future legal action, such as filing for eviction in court. Under UK law, a Landlord is required to serve a Tenant with a written eviction notice informing them of their eviction prior to the Landlord filing in court. As such, this record is essential to successfully completing the eviction process. Similarly, under UK law, there is a minimum notice period that a Tenant must be given and the Landlord is required to comply with such a minimum notice period for the eviction notice to be valid.
It should also be noted that a Landlord cannot legally recover possession of the property from the Tenant without the Tenant voluntarily giving up possession of the property. In such an instance, the Landlord will have to get a court order in their favour that grants them possession of the property and orders the Tenant to vacate the property. Such an order can only be granted after the eviction notice runs out. As such, this eviction notice serves as a starting point in the process of the Landlord recovering possession of the property and preempts a situation where the Tenant fails to comply with the eviction notice.
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