You might be worried if your housing association, letting agent, or private landlord sends you a section 21 eviction notice. However, you must avoid panicking. It is not a must for a tenant to vacate a certain premise immediately they receive a section 21 notice. In reality, their tenancy continues until they are evicted by court bailiffs or agree to leave. The following are three stages to eviction and the best option you can undertake:
Notice period
Under section 21 notice, a tenant is supposed to be given at least two months. In most cases, section 21 notices are referred to as no-fault notices since the landlord does not require a definite reason for eviction. However, the landlord should follow tenancy rules when using s21 eviction notice. For instance, one should give you a gas safety certificate, protect your deposit and use the appropriate form.
Court action by your landlord
The landlord should apply to a court for possession to evict the tenant if they fail to leave when their notice ends. One cannot decide on their own to evict you. In this case, the landlord can apply for a court order immediately after the notice period elapses. However, they will have exactly four months from the expiry period for the notice to apply. After that period, the notice will cease to be valid. In some cases, it can take an extended period for the landlord to receive the court order. How long it can take depends on how quickly the landlord acts if a hearing is required and how engaged the court is.
The judge will decide if a hearing is needed by examining the information you and the landlord could have provided. If there is an issue with s21 eviction notice, the landlord will begin the process again. However, if section 21 is valid, the court will be expected to make a possession order. Ideally, a possession order will imply that the judge has made a ruling compelling you to leave your current premises.
Eviction by bailiffs
If you have a complicated case, the landlord will only wait for the court bailiffs to evict you from the premises. In particular, the landlord can request bailiffs to evict you when you fail to leave by the possession date. Such a process might take several months. Some landlords use high court bailiffs( or high court enforcement officers) but most use county court bailiffs. However, the enforcement officers or bailiffs should offer you at least two weeks’ notice for the eviction date.
What to do when you receive section 21 notice
You must seek legal aid when you face an eviction to advise you based on your financial circumstances. It doesn’t matter if you qualify for legal aid, getting professional housing who specializes in housing law near you is possible. For instance, the this company has a team of professional tenant eviction specialists with huge experience in offering legal services to private agents and letting agents. When you receive legal advice, you can decide the steps you can undertake and whether you wish to challenge the claim of your landlord for a possession order.