When renting a property, it is essential to understand the different aspects relating to the contract. One of the most important things tenants should be aware of is the eviction process in case things go wrong. In the UK, one of the most common eviction processes landlords use is known as section 21. In this article, we will uncover what eviction section 21 is, how it works, and what tenants can do if they find themselves in this situation.
What is eviction section 21?
eviction section 21 is a legal process that allows landlords to evict tenants without having to provide any specific reason. Landlords can use this process when the fixed-term contract has come to an end, or during the periodic tenancy when the contract has become expired, or on an early termination agreement period. They do not have to provide a ground for eviction, unlike in the case of section 8, which requires a reason such as rent arrears or damage to the property.
Why do landlords use eviction section 21?
Landlords generally use eviction section 21 due to its simplicity and quickness. They do not need to provide a reason, and it can be quicker than using section 8 as it forgoes the need for a court hearing. By using eviction section 21, landlords can regain possession of their property faster and are not required to justify their decision to seek eviction.
How does eviction section 21 work?
Landlords can use eviction section 21 under specific conditions. These are:
– The tenancy is an assured shorthold tenancy (AST)
– The fixed-term contract has come to an end, or the landlord has provided two months’ notice to the tenant once it has expired.
– The tenant has not breached any of the terms of the contract.
– The landlord has given the tenant a minimum of two months’ notice.
If the landlord follows these rules correctly, they can serve an eviction notice on their tenants. This eviction notice must be in writing, and it must give the tenant at least two months’ notice to vacate the property. A section 21 notice can either be given without a specific end date, or it can set a deadline for the end of the tenancy. In the case of the latter, the landlord then has two months from that date to apply for a possession order.
If the tenant has not left the property by the end of the two months’ notice period, the landlord can apply to the court for a possession order. The judge will then issue a possession order stating that the tenant must leave the property within a particular timeframe. If the tenant still fails to leave the property after this deadline, the landlord can seek a warrant for possession, which would then involve bailiffs forcibly evicting the tenant from the property. If the tenant moves out before the deadline, the landlord can claim back the possession of the property without any force.
What can tenants do if they receive an eviction section 21 notice?
Tenants have several options if they receive an eviction section 21 notice. Firstly, they should check the notice to ensure that the landlord has followed the correct procedures. If it is invalid, the tenant can challenge it in court.
If the notice is valid, tenants have several options, including:
– Negotiating with the landlord: Tenants can negotiate with the landlord to see if they will consider extending the notice period or agreeing to a later eviction date. Landlords may be willing to negotiate if tenants have been good tenants, and this can buy the tenants extra time to find a new property.
– Seeking legal advice: Tenants can seek legal advice from housing advice centres or solicitors to determine whether the notice is legitimate and decide on their next course of action.
– Finding a new property: Tenants can begin to search for a new property and plan to move out before the deadline specified in the eviction notice. This is a good option if tenants cannot afford to challenge the notice in court or don’t want to negotiate.
– Challenging in court: If tenants decide to challenge the notice in court, they can buy themselves extra time in the property. However, this option can be complicated and may be costly, so it is essential to seek legal advice before making any decisions.
In conclusion, eviction section 21 is an effective tool for landlords to regain possession of their property if their tenants are not abiding by the rules or if they want to end the tenancy without giving reasons. However, it is essential to follow the correct procedures when using eviction section 21, and tenants should ensure that they understand their rights and options in case they receive an eviction notice. It is also worth noting that in light of the COVID-19 pandemic, the rules regarding eviction have become complicated, and landlords may not be able to use eviction section 21 in certain circumstances. As with all aspects of renting a property, knowledge is power, so make sure to do your research and understand your rights and obligations.