Tenant Eviction Glossary

Abandonment
The surrender or a legal result particularly that of an interest ie a tenancy in land or property.  Sometimes tenants leave the property empty for a period of time or vacate early.  However, landlords cannot automatically assume that their tenants have abandoned their tenancy rights.

Accelerated Possession
A procedure where landlords can regain possession of their property let on an assured shorthold tenancy basis provided all necessary procedures are complied with.  Decisions are made by the Court without a hearing on documentary and written submissions.

Adjournment
Postponement of a hearing until a later date.

Advocate
A Barrister or Solicitor representing a party in a hearing before a Court.

Assured Shorthold
A form of tenancy agreement, which gives the landlord an absolute right to re-possession after a fixed term.  Most new tenancies are now Assured Shorthold Tenancies unless stated otherwise.

Assured Tenancy
A tenancy defined by The Housing Act 1996 in which the tenant has some security of tenure.

Bailiff
An Officer of the Court who attends the tenant's eviction.

Break Clause
A clause in an agreement giving a landlord, or tenant, or both, the right to terminate the agreement before the end date under special circumstances.

Certificate of Service
A document in which the details, date and manner of service are contained.

Claim
Proceedings issued in the County Court or High Court

County Court Judgment
A Judgment of the County Court that orders a Defendant to pay a sum of money to the Claimant.  These are enforceable for 6 years and can affect the Defendant’s ability to borrow money.

Deposit
A sum of money held as security.  Since April 2007, all deposits for Assured Shorthold Tenancies must be protected by a tenancy deposit protection scheme and certain prescribed information must be given to the tenant, failing which, any Section 21 Notice will be invalid and in certain circumstances the Court may not award a Possession Order and may award up to 3 times the deposit to the tenant for compensation.

District Judge
A Judicial Officer of the Court, whose duties involve hearing applications, including possession cases.

Fixed Costs
Costs in civil cases that are set at a certain level.

Landlord
An organisation or person who owns land or buildings which are leased to tenants

Mesne Profits
A sum of money claimed in possession proceedings from the date of Judgment until the date possession is given up.

Particulars of Claim
A document containing concise details of the Claimant’s claim.

Personal Service
Personal delivery of a claim, summons or notice.

Possession Proceedings
Legal proceedings issued by a landlord to recover land or property, e.g. a house or flat.

Section 8 Notice
This is a notice which can be used to terminate an Assured Shorthold Tenancy by giving the tenant 2 months notice if the tenant is 2 months in arrears of rent.

Please note, a Section 8 Notice needs to be served upon the tenants individually.

Section 21 Notice
This can be used to terminate an Assured Shorthold Tenancy giving 2 months notice.  There are 2 types of Section 21 Notice:

• which is served during the fixed time
• Served during a statutory periodic tenancy after expiry of the fixed term.

Please note Possession during the fixed term can only be obtained due to breach of the tenancy ie rent arrears where a Section 8 Notice is required, unless there is a break clause within the tenancy agreement.

Squatter
A person occupying land or property without the owner’s consent. Often becomes subject to tenacy eviction.

Statement of Case
This contains the outline of the Claimant’s or Defendant’s case.

Statement of Truth
Every Statement of Case must be verified by a statement of truth signed by the party involved.  It confirms that a party believes the facts they have written are true.

Tenancies
These are estates in land and give a right of occupation in exchange for rent.  There are 4 main types of residential tenancies:

• Protected tenancies
• Protected shorthold tenancies
• Assured tenancies
• Assured shorthold tenancies

Tenant
A person who has land or property under a lease.

Warrant of Possession
This document gives the Court Bailiff the authority to take possession of a property and evict all occupants found on the premises.