The Section 21 Eviction law has been a widely discussed law as it allows landlords to evict tenants without any proof regarding how the tenant has breached their contract, regardless of the type of tenant agreement. This law is enforced in Wales and England and it is known as one of the most controversial laws as it seems unfair towards tenants.
However, section 21 requires specific requirements to be met to make it valid. We recommend getting a lawyer such as SJV Solicitors to ensure you can hand out the section 21 notice without legal issues.
Section 21 Notice: What Is That?
Section 21 notice is just a legal document that states that the landowner is seeking to reclaim possession of the property. It is usually used as a notice to evict tenants after their tenancy has ended, or just wanting to reclaim the property for other reasons.
However, Section 21 notice does not require the tenant to be at fault, it means that tenants are able to debate and challenge the landowner from being evicted, regardless of whether they are in a long-term or short-term tenancy.
What Does It Mean If I’m handed A Section 21 Notice?
When you see a section 21 notice in your letterbox, it means that the landowner wants their property back, and they are giving you prior notice and time to move out. Landowners are obliged to give tenants an appropriate amount of time to leave the property before obtaining a court order to evict the tenant.
If you still refuse to leave, the landowner is able to request a hearing to determine whether you will be evicted by bailiffs. Generally, Section 21 notices can be issued without the tenants being at fault, but landowners will need to follow certain guidelines in order for the Section 21 notice to be valid.
What Are The Rules To Be Followed When Serving A Section 21 Notice?
There are some general guidelines to be followed in order to validate the Section 21 notice. Here are some important rules to know:
- Section 21 must provide a period of at least 2 months for tenants to evict.
- Section 21 cannot be served during the first four months of a long-term tenancy agreement unless otherwise stated in the contract.
- Tenants might be entitled to some sort of compensation
Retaliatory Evictions
For all landowners, do note that there will be consequences if you are found to evict your tenants out of “revenge” as landowners are obliged to follow certain guidelines.
If you are a landowner that failed to or deliberately ignore valid complaints regarding the property’s condition such as electrical supply issues, your tenants are able to lodge a report to the relevant authorities.
If you are proven to ignore complaints, the authorities will serve you a notice that allows the tenant to be protected from eviction or a Section 21 notice for 6 months. It is to prevent landowners from evicting tenants out of revenge.
Tenants Ignored By Section 21 Notice: What’s Next?
As a landowner, if you have served a Section 21 notice to your tenants but they deliberately ignored it and continue to occupy the property, you are entitled to apply for Accelerated Possession Procedure Order following the expiration of the Section 21 notice.
If your application is successful, you will be called to a hearing, whereby the judge will decide whether you can reclaim your property. If you won the hearing, the relevant authorities will assist you in evicting the tenant.
This also serves as a reminder to keep a copy of all your documents, in case of such events. Keeping a copy of your documents can ensure that you are able to present evidence of communication and agreement.
