Eviction is never a pleasant experience, whether you are a tenant facing eviction or a landlord grappling with the difficult decision to evict a tenant. If you are a landlord, eviction section 21 will likely come up in your discussions with your tenant or with your legal representative. Here is what you need to know about eviction section 21.
What is eviction section 21?
Eviction section 21, also known as the Section 21 Notice, is a provision of the UK Housing Act of 1988 that allows a landlord to evict a tenant without giving a specific reason, as long as they give the tenant at least two months’ notice.
Once the two months have elapsed, the landlord can apply for a possession order from the court, provided that correct procedure has been followed. If the possession order is granted, the tenant will have to vacate the property.
Section 21 notice is a legal document that outlines the landlord’s intention to repossess the property that the tenant is renting. Therefore, it is important that the Notice be served correctly, and the tenant is given sufficient notice time.
Who can serve eviction section 21?
eviction section 21 can be served by any landlord who follows a correct procedure. This includes:
– Private landlords
– Housing Associations
– Local Authorities
Each landlord should ensure that they have followed the legislation step by step.
However, eviction section 21 is not applicable in some cases. For example, if the tenant is still within a fixed-term tenancy, i.e. they have not yet reached the end of the initial agreed period.
When can Eviction Section 21 be served?
A landlord can serve eviction section 21 only if:
– The fixed term of the tenancy has ended and notice does not have to be given for the date the possession expires
– If there is a periodic tenancy, the notice period must be at least two months, and it must end on the last day of a two-month period of the tenancy. Unless agreed otherwise.
What are the Reasons for Evicting a Tenant using Section 21?
Unlike Section 8, which applies to a number of reasons for eviction like rent arrears, nuisance etc., there is no specific reason that a landlord has to give for issuing a Section 21 notice.
Provided that the tenant meets all agreed obligations, the landlord can serve section 21 if they need to regain the property. However, landlords should be cautious to ensure they do not find themselves in a position to issue this notice due to retaliatory eviction (revenge eviction).
Retaliatory eviction is where the landlord issues an eviction notice after a tenant makes legitimate complaints about the state of the property or if the tenant pursues their legal right. This can include claiming back their deposit or responding to a notice for eviction. Therefore, landlords should keep their property in a good state and the tenancy agreement updated.
What Happens when a Section 21 Notice is Issued?
As earlier mentioned, Section 21 states that a landlord must give a tenant at least two months’ notice.
Once the notice has been served, the tenant can choose to move voluntarily or wait until the end of the notice period to evict them.tenants can contact the housing department of their local council to seek advice on their right to remain in the property.
What if the Tenant does not Vacate the Property?
If the tenant does not voluntary move out, after the notice period, the landlord can take legal action and apply to the court for a possession order. The court will then issue a notice for the tenant to vacate.
It is important that landlords do not evict tenants themselves unless the court grants the possession order, as this is against the law and can lead to severe consequences.
Conclusion
Eviction section 21 is a legal procedure that provides landlords with an option to evict tenants without stating a specific reason. Section 21 notice must be served correctly, and tenants must be given the sufficient time period of two months before the landlord can take legal action. It is important for landlords to be aware of the steps to follow to avoid retaliatory eviction claims, which may arise when legitimate complaints are made. On the other hand, tenants should also know their rights while being evicted under section 21. For more information, both parties can seek advice from the housing department or legal representative.