Eviction notice Section 21 is a legal process that enables landlords to regain control of their property by ending an Assured Shorthold Tenancy (AST). It is one of the most common methods used for eviction in England and Wales, but it’s essential to understand the intricacies of the process to ensure that you comply with the law to avoid ending up on the wrong side of it.
In this article, we’ll take an in-depth look at eviction notice Section 21 and everything you need to know about it.
What is Section 21?
Section 21 of the Housing Act 1988 outlines the legal requirements for landlords to regain control of their property after the end of a fixed-term tenancy. Landlords can use this procedure to give their tenants two months’ notice to vacate the property.
It doesn’t require landlords to provide a reason for the eviction, and they can serve the notice as long as they fulfill specific legal requirements, including:
– The tenant has a written AST agreement.
– The property in question is located in England or Wales.
– The landlord has followed appropriate safety and legal requirements, i.e., gas safety certification, energy performance, and deposit protection.
– The tenant is not in the early fixed term of their tenancy, i.e., the first six months.
– The landlord gives the tenants at least two months’ notice to vacate, and the notice expires at the end of the fixed term, or on the last day of the rental period.
– The landlord provides the tenants with a legal eviction notice, which complies with Section 21 of the Housing Act 1988.
The time limit for tenants to leave the property after receiving an eviction notice is generally eight weeks, although the deadline can be extended due to unforeseen circumstances.
What Happens After You Receive an eviction notice section 21?
When you receive an eviction notice Section 21, the first thing you should do is confirm the notice validity. Check for the following:
– Whether your landlord has served you a notice in writing.
– The notice is signed and dated.
– The end date specified in the notice is adequate and meets the two months’ notice requirement.
– The notice is served at least two months before the end of the fixed term.
If the notice is valid, and you cannot leave the property before the expiration of the notice, the landlord can apply to the court for a possession order.
A possession order is a court order that allows landlords to take back their property if the tenant hasn’t left at the end of the eviction notice period. The landlord can either apply for a standard possession order or an accelerated possession order.
A standard possession order involves an initial court hearing where the tenant presents their defense against the eviction. The judge will make a decision based on the case presented. It can be a lengthy process, sometimes taking three to six months.
An accelerated possession order is much faster, and the hearing is usually just a paper exercise. The landlord can apply after the expiration of the eviction notice without a hearing. However, the tenant must not have a legal defense to the eviction.
What are the Alternatives to eviction notice section 21?
If you are a landlord and want to evict your tenant but are not eligible to use Section 21 or want to avoid an expensive legal process, some other options include:
– Mutual agreement: If both the landlord and tenant agree, they can end the tenancy earlier.
– Section 8 eviction notice: This type of eviction notice requires landlords to provide a reason for the eviction, such as rent arrears or damage to the property.
– Surrender: The tenant agrees to surrender the tenancy before the end of the fixed-term and leave the property.
– Abandoned property: If a tenant leaves the property without returning the keys, or there is evidence of abandonment, it may be possible for landlords to regain possession without a court order.
In conclusion, eviction notice Section 21 is one of the most common methods used by landlords to end a fixed-term tenancy and regain control of their property. However, it’s essential to understand the legal requirements and the alternatives to this process. If you are a tenant and receive an eviction notice Section 21, ensure that it is valid before leaving, and always seek legal advice if you need help defending the eviction. If you are a landlord, ensure that you comply with the requirements outlined in Section 21 to avoid any legal issues and consider the alternatives to eviction where possible.