Eviction is always a sensitive topic, with both landlords and tenants having their fair share of frustrations and challenges. Section 21 is one of the most common ways landlords use to evict their tenants in the UK. However, it’s vital to understand its nuances to avoid legal issues and ensure a smooth eviction process. Here’s what you need to know about eviction section 21.
What is eviction section 21?
Section 21 is an accelerated possession procedure under the Housing Act 1988, enabling landlords to evict tenants without providing any reason. If you have a rolling tenancy, and your landlord wants you to leave, they can issue a Section 21 notice to recover possession of the property.
It’s important to note that Section 21 is only applicable to assured shorthold tenancies (ASTs), which account for approximately 90% of all tenancies in England. However, it is not available for rental properties in Wales, where the Renting Homes (Wales) Act 2016 applies.
When Can a Landlord Serve a Section 21 Notice?
A landlord is permitted to serve a Section 21 notice at any point after the end of the fixed term of the tenancy agreement. They must serve the notice in writing, giving the tenant at least two months’ notice to vacate the property. If your tenancy agreement has a fixed term, the landlord cannot serve the notice until the end of the term. However, if your tenancy agreement has been renewed, say for another six months or year, the landlord can serve Section 21 notice two months before the end of the current term or tenancy agreement.
What Happens After the Notice Period Expires?
If the tenant doesn’t vacate the property after the notice period ends, the landlord must apply to the courts for a possession order. Most tenants who receive a Section 21 notice will leave the premises immediately or after the notice period ends. However, if you refuse to move out, the landlord will have to obtain a possession order to have you removed legally. This order can take between six and twelve weeks to obtain, depending on the court’s workload and other factors. In some cases, the order may take more than 12 weeks to come through.
Can a Landlord Evict Tenants With a Section 21 Notice During a Pandemic?
The COVID-19 pandemic has created unique challenges for landlords and tenants, leading to a temporary ban on evictions in March 2020. Though the ban was lifted on May 31, 2021, the government has introduced several measures to protect tenants facing eviction.
Under the Coronavirus Act 2020, landlords must provide tenants facing eviction with a six-month notice period from the end of August 2021 to protect tenants from being evicted in the coming winter months. This extended notice period applies to both Section 21 and Section 8 evictions.
However, landlords can still proceed with a Section 21 eviction if the tenant has been in arrears of 6 months or more. Additionally, if the landlord wishes to evict a tenant for reasons of anti-social behavior or where the tenant has been pursuing illegal activities on the premises, a shorter notice period may apply.
Final Thoughts
Eviction is an extreme measure that should be a last resort if a landlord and tenant relationship breaks down. Section 21 is one of the ways landlords use to reclaim their property, but it’s essential to follow the right procedures and timelines to avoid any legal issues. Tenants can challenge a Section 21 notice if they feel it is invalid or served incorrectly, and the issue is often resolved through mediation or negotiation. Remember, while Section 21 can be a powerful tool for landlords, it is vital to understand your rights and obligations as a tenant before accepting a tenancy agreement or receiving a notice.