Category: Law

Everything you need to know about section 21 eviction process

Section 21 evictions involve possession proceedings that rely mainly on the tenant having been given a Section 21 notice by their landlord. Section 21 is a title of the Landlord and Tenant Act 1987 in England and Wales, where landlords can give tenants “21 days’ notice to quit” if they no longer wish to rent from them (to make way for new tenants).

The landlord must give reasonable notice before going ahead with an eviction, and it is not possible to end a tenancy just because of rent arrears alone. The tenant’s name should appear on the tenancy agreement to be able to serve them with this type of notice. The process can include a requirement for the tenant to vacate the property and leave in a specific date, or it can involve moving the tenant to an alternative property.

The Section 21 notice extends the tenancy agreement, allowing the landlord greater control over tenants. If granted, they can then claim possession of the property (or part of it if they want) by giving them reasonable notice of up to 21 days. If they do not grant reasonable notice, they cannot claim possession and any activity will be deemed wrongful. An eviction will cost a landlord around £1000 or more, and most cases require at least two County Court hearings.

How to deal with a case involving the section 21 eviction process1. Check the possession notice

The notice will contain a section 21 notice, and if there is one, it will also state that possession is being sought under the Housing Act 1988. The landlord must give the tenant at least two months’ notice if they want to evict them straight away or four months’ notice to rearrange the tenancy by alternative accommodation or other similar arrangements. The eviction notice should also specify who needs to be evicted and for what reason – for example, someone not paying their rent.

If a section 21 has been served because of rent arrears, it must specify how much is owed and any relevant dates that have passed concerning this amount.

  1. The landlord must have a valid reason.

There are two reasons why a landlord can evict their tenant: rent arrears or if they want to get another person to live in the premises.

The eviction process is different depending on the type of reason, but both types require the landlord to provide evidence that their claim is valid. If they do not, then any action will have to be taken according to the court’s decision. There are different types of reasoning for each period – a section 21 notice for rent arrears should be served on periodic tenancies and assured shorthold tenancies (AST) where there is no fixed term agreement, and for early termination by a periodic private tenancy.

  1. Check the notice is valid

The landlord has to serve a section 21 notice with the correct date and time, and it must be served to the tenant – not another person or an agent. They should make sure that they comply with these rules otherwise their eviction notice will be considered invalid, which means they will have to take a new one by serving the tenant again.

  1. The other party must accept the Section 21 notice.

If there is a dispute as to whether or not the section 21 notices were valid, then it can go to court for a hearing.

  1. The notice period must have been served.

In order for the landlord to proceed with the eviction, they must serve the tenant with a copy of their notice and wait for the Section 21 period. The time given to them will vary depending on why they are being evicted.

If it is rent arrears-

If it is because of rent arrears, then there is a two-month waiting period, beginning the day after the tenant receives the section 21 notice. Suppose they want to end their tenancy before this two-month period has ended. In that case, they can make modifications or amendments to their rental agreement to save themselves from eviction if they want to stay in their property.

Locating the best tenant lawyer

People who run real estate businesses need the services of a tenant lawyer. The lawyers will handle different issues related to the tenants. Some tenants will have different issues. It is essential to check out the experience of the lawyers before hiring them. They should know how to deal with different issues that can come up. Some tenant lawyers are known to offer top-quality services. They are the perfect lawyers to hire. The lawyers should have the right experience to deal with different issues that affect people when running the real estate business. For example, the tenants may fail to pay on time. Hiring lawyers who will handle the issue is the right thing to do. Some of the issues to check out and locate the best tenant lawyer are:

Experience of the lawyers

The best tenant lawyer should have experience in dealing with different issues related to the tenants. The tenants will come up with different issues that can need the services of a legal expert. Check out the experience of lawyers in different law firms before hiring them. Some law firms specialize in dealing with different issues that affect people when dealing with real estate issues. They are the perfect lawyers to hire, and they will go the extra mile to deliver top-quality services. Take time to check out the period the lawyers have been around to make the right decision.

Check out the level of communication

The best tenant lawyer should maintain good communication. Check out the level of communication before hiring. For example, some issues may require quick fixing. Lawyers who have different channels of communication that are open to clients at all times are essential. The lawyer will develop the right strategies to deal with different issues that can make them succeed. When people face legal issues, they should get legal services from experts who can respond quickly to avoid stress.

Check out online reviews

The best tenant lawyer will have good reviews from past customers. Check out the online reviews that people offer before hiring lawyers. Lawyers who have maintained good reviews over time will likely offer top-quality services. Check out the experts’ types of reviews, and it will be easy to make the best decision when hiring the lawyers. The lawyers should offer the best services from the reviews that past customers offer. A lawyer who has good reviews will be in the best position to guarantee top quality services.

Get referrals from friends

There are few friends who the lawyers may have served. Get to check out the lawyers’ quality of services, and they will be in the best position to offer the right services. Hiring the best experts is necessary to realize value for money in the process. When dealing with different issues that come up with tenants, the lawyers should know the proper legal procedures they can take to solve different issues that can arise. There are several benefits associated with hiring the right lawyers. Check out the reputation of the tenant lawyer before hiring.