Stopping a Possession & Eviction Order
These are the events that stop any Landlord from claiming his property back from a sitting tenant.
1. The tenant must be more than 2 months in arrears with rent payments or constantly late paying the rent.If not then the landlord cannot serve a Section 8 notice for possession of the premises.
2. The landlord must have protected the tenants deposit within 30 days of payment by placing it with any one of the three government deposit protection schemes (DPS). The law states that it must be within 30 days and not a day longer. The Landlord cannot serve you with a Section 21 notice if he hasn't protected your deposit or provided you with the prescribed information package.
3. The Landlord must serve the tenant with the prescribed documentation package relating to information concerning the deposit paid and the tenants rights pursuant to the requirements of the DPS.
4. The Landlord must have acted within the law at all times when requesting that a Possession Order be made by the Court.
5. The Landlord must serve the tenant with all required notices.
6. All notices must be made by the Landlord and not by any third party, agent etc.
7. The Landlord must serve all notices in the correct format and within the prescribed period of time.
If any of the above paragraphs are not adhered to by the Landlord then the Court may not grant an Order for Possession. So make sure that all of the above have or have not taken place.