The section 21 eviction process is a legal procedure that landlords can use to evict tenants. The section provides for the landlord to give up to two months’ notice before they start proceedings in court. It also sets out the grounds on which landlords can pursue an eviction and how much compensation they may pay if they are successful.
This article discusses section 21 of the Housing Act 1988 means and why it is so essential for landlords. It also highlights the section 21 eviction process and how it works.
Why is section 21 so important for landlords?
Section 21 is an essential part of the housing law as it allows landlords to evict tenants without having to give a reason. This is especially useful if the landlord wants to sell their property or move back into it themselves.
How does the section 21 eviction process work?
The section 21 eviction process begins with the landlord serving notice to quit, which can be either verbal or written. The tenancy agreement will specify how much notice must be given by the tenant before they are required to vacate.
If a section 21 eviction is not followed correctly, it may result in compensation against the landlord. However, if all notices have been served and proceedings follow within six months of service, no court fees can be charged for evicting tenants under section 21.
There are strict timelines that need to be observed, so landlords should seek professional advice immediately if they wish to further their case. A good solicitor will ensure that section 21 procedures do not become bogged down with unnecessary delays because they could ultimately lead to an abandonment of the section 21 notice.
What grounds can landlords use to evict tenants?
Landlords can only evict tenants on specific grounds set out in section 21 of the Housing Act 1988. These include:
• The tenant has not paid rent;
• The tenant has caused damage to the property;
• The tenant is behaving in a way that is likely to cause a nuisance or annoyance to neighbors; or
• The landlord wants to sell the property or move back into it themselves.
What compensation may landlords have to pay if they are successful in evicting tenants?
If a landlord successfully evicts their tenant through section 21, they may be entitled to receive certain compensation. This includes the payment of any rent that the tenant owes, as well as reasonable costs incurred by the landlord in order to pursue the eviction. Landlords should seek legal advice immediately if they wish to start proceedings under section 21.
In which circumstances can section 21 fail?
It may be the case that some notices have not been served, or if no section 21 notice has actually been issued at all. This will depend on whether tenants are still residing in the property when section 21 proceedings begin and how much time has elapsed since any relevant notices were served.
It is important to remember that section 21 cannot be used against certain types of tenants such as those who live with their landlord, licensees (e.g., staying with friends), and people living in temporary accommodation like lodgings or hostels. If these individuals become named tenants by agreement after an initial fixed term tenancy expires, then section 21 can potentially be applied but only if the section 21 notice was served before this agreement.
In conclusion, landlords should seek legal advice immediately from a landlord lawyer if they wish to evict their tenants through section 21. By doing so, they can avoid any unnecessary delays or complications with the eviction process.