SECTION 21 EVICTION NOTICE: WHAT HAPPENS NEXT?

Section 21 Eviction Notice: What Happens Next?

Section 21 Eviction Notice: What Happens Next?

Blog Article

Eviction is a legal process that landlords can use to regain possession of their property from tenants. In the UK, one of the most common methods landlords use to evict tenants is by serving a Section 21 eviction notice. This notice is often referred to as a "no-fault" eviction because the landlord does not need to provide a specific reason for wanting the tenant to leave, as long as they follow the correct legal procedures. Understanding what happens after a Section 21 notice is served is crucial for both landlords and tenants. This article will explore the process, the rights of both parties, and what to expect if you receive a Section 21 eviction notice.

What is a Section 21 Eviction Notice?


A Section 21 eviction notice is a legal document served by a landlord to a tenant to regain possession of a property at the end of an assured shorthold tenancy (AST). It is governed by Section 21 of the Housing Act 1988. Unlike a Section 13 notice, which is used to propose a rent increase, a Section 21 notice does not require the landlord to provide a reason for the eviction. However, the landlord must follow strict legal requirements for the notice to be valid.

When Can a Landlord Serve a Section 21 Notice?


A landlord can only serve a Section 21 eviction notice under certain conditions:

  1. End of Fixed-Term Tenancy: The notice can only be served after the fixed term of the tenancy has ended, unless the tenancy agreement includes a break clause allowing earlier termination.

  2. Protected Deposit: The landlord must have placed the tenant’s deposit in a government-approved tenancy deposit protection (TDP) scheme and provided the tenant with the prescribed information about the scheme.

  3. Valid Gas Safety Certificate: The landlord must have provided the tenant with a valid gas safety certificate before the tenancy began and annually thereafter.

  4. Energy Performance Certificate (EPC): The landlord must have provided the tenant with a valid EPC for the property.

  5. How to Rent Guide: The landlord must have given the tenant a copy of the government’s "How to Rent" guide at the start of the tenancy.


If any of these requirements are not met, the Section 21 notice may be deemed invalid, and the landlord will not be able to proceed with the eviction.

What Happens After a Section 21 Notice is Served?


Once a landlord serves a Section 21 eviction notice, the tenant is not required to leave the property immediately. The notice gives the tenant a minimum of two months to vacate the property. However, the actual timeline can vary depending on the terms of the tenancy agreement and the date the notice is served.

1. Tenant’s Response to the Notice



  • If the tenant agrees to leave, they must vacate the property by the date specified in the notice.

  • If the tenant does not leave by the specified date, the landlord cannot forcibly remove them. Instead, the landlord must apply to the court for a possession order.


2. Landlord Applies for a Possession Order



  • If the tenant remains in the property after the notice period expires, the landlord can apply to the court for a possession order. This is a legal document that gives the landlord the right to take back the property.

  • The court will review the case to ensure the Section 21 notice was served correctly and that all legal requirements were met. If the court finds the notice valid, it will issue a possession order.


3. Court Hearing



  • In some cases, the court may schedule a hearing to resolve any disputes between the landlord and tenant. For example, the tenant may argue that the Section 21 notice is invalid because the landlord failed to meet one of the legal requirements.

  • If the court rules in favor of the landlord, it will issue a possession order, and the tenant will be given a specific date to leave the property.


4. Eviction by Bailiffs



  • If the tenant still refuses to leave after the possession order takes effect, the landlord can apply for a warrant of possession. This allows bailiffs to evict the tenant forcibly.

  • The bailiffs will provide the tenant with a notice of eviction, specifying the date and time they will arrive to remove the tenant from the property.


Tenant’s Rights During the Eviction Process


Tenants have certain rights during the Section 21 eviction process:

  1. Right to Challenge the Notice: Tenants can challenge the Section 21 notice in court if they believe it is invalid. For example, if the landlord failed to protect the deposit or provide the required documents, the notice may be dismissed.

  2. Right to Stay Until the Court Order: Tenants are not required to leave the property until the court issues a possession order. Even after the notice period expires, the tenant can remain in the property until the court process is complete.

  3. Right to Seek Advice: Tenants facing eviction should seek advice from a housing charity or legal professional. Organizations like Shelter and Citizens Advice can provide guidance on tenant rights and options.


Landlord’s Responsibilities During the Eviction Process


Landlords must follow the legal process carefully when serving a Section 21 eviction notice. Failure to do so can result in delays or the notice being deemed invalid. Key responsibilities include:

  1. Providing Proper Notice: The landlord must give the tenant at least two months’ notice in writing.

  2. Protecting the Deposit: The landlord must ensure the tenant’s deposit is protected in a government-approved scheme and provide the tenant with the prescribed information.

  3. Providing Required Documents: The landlord must provide the tenant with a valid gas safety certificate, EPC, and the "How to Rent" guide.

  4. Avoiding Retaliatory Eviction: Landlords cannot serve a Section 21 notice in retaliation for a tenant making a complaint about the property. If the tenant has raised legitimate concerns about the property’s condition, the landlord must address these issues before serving the notice.


Alternatives to Section 21 Eviction


In some cases, landlords and tenants may be able to avoid the Section 21 eviction process by reaching an agreement. For example:

  • Negotiating a Move-Out Date: The landlord and tenant can agree on a specific date for the tenant to leave, avoiding the need for court involvement.

  • Mutual Surrender of Tenancy: The tenant can agree to surrender the tenancy voluntarily, allowing the landlord to regain possession without serving a notice.

  • Section 13 Notice for Rent Increase: If the landlord’s primary concern is rent arrears, they may consider serving a Section 13 notice to propose a rent increase instead of pursuing eviction.


Conclusion


A Section 21 eviction notice is a powerful tool for landlords to regain possession of their property, but it must be used correctly and in compliance with the law. Tenants facing eviction should be aware of their rights and seek advice if they believe the notice is invalid. Landlords must ensure they follow all legal requirements to avoid delays or disputes. Whether you are a landlord or a tenant, understanding the Section 21 eviction process is essential to navigating the complexities of property law in the UK.

By being informed and prepared, both parties can handle the eviction process more effectively, ensuring a fair and lawful outcome for all involved.

Report this page