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.
- 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.
- 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.
- 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.
- 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.