When renting a property, the landlord and tenant relationship can be a harmonious one However, there may come a time when this relationship breaks down, and the landlord feels that they are left with no other option but to recover their property This is where an eviction notice comes in, more specifically, section 21 of the Housing Act 1988.
What is Section 21?
Section 21 is a piece of legislation that gives landlords in England and Wales the right to evict tenants from their property without giving a reason It allows them to do so by serving a notice period of at least two months beforehand, known as a Section 21 notice This notice can be served at any point during the fixed or periodic term of the tenancy agreement, as long as two months’ notice is given.
It is vital to understand that this notice is not a court order It simply provides a period within which the tenant must vacate the property If the tenant chooses not to leave, then the landlord can seek possession of the property through the courts.
When Can a Landlord Use Section 21?
A landlord can only use section 21 if:
– They want to evict the tenant at the end of the fixed-term of the tenancy agreement.
– They want to evict a tenant during the periodic term of the tenancy agreement.
– They have provided the tenant with the correct notice period and the correct paperwork.
What Paperwork Needs to be Served?
If a landlord wants to serve a Section 21, they must do so in writing using a Form 6A The form must be completed with the correct details of the tenant and property, the date on which the notice is being served, and the date on which it expires.
The landlord must also provide the tenant with a copy of the government’s “How to rent: the checklist for renting in England.” The latest version of this document must be provided, either in hard copy or electronically.
It is worth noting that if the landlord has failed to comply with any of the above, the Section 21 notice will be invalid If this happens, the landlord will need to start the process all over again, providing the tenant with the correct notice period and paperwork.
How Long Does Section 21 Give the Tenant?
After the Section 21 notice is served, the tenant must be given a notice period of at least two months This notice period can be longer, depending on the type of tenancy agreement eviction notice section 21. For example, if rent is paid weekly or fortnightly, the notice period must be at least four weeks.
The notice period must end at the end of a rent period For instance, if the tenant’s rent is due on the first of every month, the Section 21 must expire on the last day of the month.
What Happens if the Tenant does not Leave?
If the tenant does not vacate the property within the notice period, the landlord can apply to the courts for a possession order The possession order will be granted if the landlord has complied with all legal requirements, and the Section 21 notice is valid.
If the tenant still refuses to leave, the landlord can apply for a warrant for possession This warrant gives bailiffs the power to remove the tenant from the property forcibly If the tenant decides to vacate the property voluntarily, they could still be responsible for any rent owed until the date they leave.
Are There Any Exceptions to Section 21?
Section 21 does not apply in all cases It cannot be used in the following circumstances:
– If the property is not correctly licensed or does not meet safety standards.
– If the landlord has not complied with their legal obligations, such as carrying out maintenance to the property.
– If the landlord has failed to protect the tenant’s deposit in a government-approved scheme.
– If the tenant has made a formal complaint about the property’s condition, and the landlord has not addressed it.
– If the tenant is being evicted due to factors such as discrimination or harassment.
In Conclusion
It is always best to seek legal advice before serving a Section 21 notice Understanding every aspect of this legislation is essential, as mistakes can lead to delays, and at worst, you could lose your property entirely If you are a tenant facing eviction, it is also essential that you understand the legislation involved You have the right to challenge a Section 21 notice if you believe it is invalid or unfair.