When Standard Eviction Notices Don't Apply
Beyond Standard Procedures
Many eviction cases fall outside Section 21 & 8 procedures, requiring specialist legal
expertise and alternative approaches.
At our firm, we specialise in eviction matters involving complex situations that require bespoke legal
solutions.
Evicting tenants under standard procedures such as Section 21 (no-fault) or
Section 8
(fault-based) eviction notices is often straightforward. However, many landlords and property owners
face complicated eviction cases that fall outside these statutory routes.
Lodgers & Licence Holders
- Room rentals in landlord's home
- Licence agreements vs tenancies
- Shared facility arrangements
Trespassers & Squatters
- Unauthorized occupation
- Squatters in empty properties
- Criminal trespass situations
HMOs & Multiple Occupants
- Houses in Multiple Occupation
- Complex licensing requirements
- Multiple occupant scenarios
Why Some Evictions Fall Outside Section 21 and Section 8 Notices
The Housing Act 1988 governs most tenancy possession proceedings but only applies
where a valid tenancy
exists, typically an Assured Shorthold Tenancy (AST). Many real-life cases involve:
- No formal tenancy agreements
- Informal occupation by family or friends
- Lodgers or licence holders with different legal rights
- Implied or exclusive tenancies without written contracts
- Trespassers or squatters occupying unlawfully
- Multiple occupants in HMOs or shared houses
Legal Reality
These situations require alternative legal considerations, specific notices, and
sometimes different court procedures entirely.
Our Specialist Eviction Services
Informal Occupation: Renting Without
a Tenancy Agreement
Informal renting often arises when:
- A family member or friend moves in without a written contract
- Occupants pay rent or bills without paperwork
- The landlord grants a verbal licence or permission rather than a tenancy
Key Distinction
These arrangements may create implied tenancies or licence agreements, granting some
occupation rights but with different eviction procedures.
Implied Tenancy
An implied tenancy exists where behaviour indicates a tenancy, such as:
- Regular rent payments
- Limited landlord control
- Exclusive possession of a part of the property
Licence Agreement
A licence or lodger agreement means:
- No exclusive possession
- Landlord can enter anytime
- Eviction requires only reasonable notice (usually a week)
This difference is crucial because only tenants with exclusive possession benefit from protections
under Sections 21 and 8.
Lodgers and Licence Holders: What
You Need to Know
A lodger typically rents a room in the landlord's own home and shares facilities. Lodgers have fewer
legal protections:
- Usually evicted with "reasonable notice" (often one week) without court proceedings
- Do not qualify for Section 21 or 8 eviction routes
- Different legal rights compared to standard tenants
More Information
More on lodging arrangements and licences can be found on the gov.uk
Lodgers page.
Evicting Trespassers and Squatters
Occupants with no lawful right to be in the property require a different approach:
Trespassers
Occupying without permission from owner or lawful tenant
Squatters
Occupying empty or abandoned property unlawfully
Important Legal Point
You cannot use Section 21 or 8 notices against trespassers or squatters. Instead,
you must bring a possession claim for trespass under common law or relevant statutes like the
Criminal Justice and Public Order Act 1994.
Urgent possession orders or injunctions may be required, often with police
assistance.
Houses in Multiple Occupation
(HMOs) and Multiple Occupant Eviction
An HMO is a property rented to three or more unrelated individuals sharing facilities. HMOs are
subject to licensing and additional regulations.
- Evictions require individual notices for each occupant, respecting their legal status (tenant,
licencee, or informal occupant)
- Landlords must comply with council licensing rules to avoid enforcement action or eviction
delays
- Complex regulatory environment requiring specialist knowledge
Discover more about HMOs on our dedicated HMO Eviction Services page.
Pitfalls in Evicting Non-Standard
Occupants
Common Risks Include:
- Serving incorrect notices leading to invalid proceedings
- Insufficient legal grounds without a tenancy
- Complex court procedures for trespass or squatting claims
- Potential unlawful eviction or harassment allegations
Costly Consequences:
- Lengthy, costly court delays
- Licensing or local authority compliance failures
- Professional negligence risks
- Wasted time and resources
Our expert advice helps you avoid these pitfalls and safeguards your eviction process from start to
finish.
Complicated Eviction Legal Support – Expert Legal Services for Complex Cases
Facing a challenging tenant eviction situation? Our specialist solicitors provide comprehensive legal
support for complicated eviction cases, disputed possession claims, and complex landlord-tenant disputes
across England and Wales.
£350
+ VAT Starting Price
Custom handling of complex cases with hourly billing.
Complex Eviction Cases Require Expert Legal Guidance: We professionally draft and serve
all types of eviction notices including Section 8, Section 21, and specialized legal notices tailored to
your specific circumstances. For complicated eviction matters requiring comprehensive legal advice and
court representation, contact our experienced property litigation team today.