In the United Kingdom’s rental market, landlords can evict their tenants using Section 21, also called S.21, of the Housing Act 1988. Landlords often use this section when they want to regain possession of their property without citing any breach of tenancy. However, there are particular rules and regulations that landlords must adhere to while serving a S.21 notice. This article aims to provide a thorough guide to the S.21 eviction process.
What is a S.21 notice?
A S.21 notice is a legal document that landlords use to evict tenants when they want their property back at the end of the tenancy or for other reasons, without providing the tenant with any specific reasons for the eviction. Landlords must give at least two months’ notice using Form 6A before filing an eviction claim with the local County Court.
It is worth noting that only an Assured Shorthold Tenancy (AST) set up after 15th January 1989 can come under a S.21 notice. Regulated tenancies, assured tenancies, and tenancies for a term of fewer than six months are not eligible for S.21 evictions.
Serving a S.21 notice
When serving a S.21 notice, landlords must fulfill specific legal requirements. They must:
1. Give at least two months’ notice.
2. Use the correct form- Form 6A.
3. Serve the notice in writing.
4. Provide the tenant with a copy of the Gas Safety Certificate, Energy Performance Certificate (EPC), and the Government’s “How to rent, the checklist for renting in England.”
5. The landlord must not start eviction proceedings for the first four months of the tenancy period. The S.21 notice is only valid for six months from the date of the notice. This means landlords must initiate court proceedings within six months from the notice’s expiry date.
6. If the tenancy agreement ends before or less than two months from the expulsion notice’s service, landlords could choose to specify a different eviction date with the tenant’s agreement.
7. If the tenants are on a joint tenancy, landlords must serve the S.21 notice to all of the tenants.
8. The landlord cannot use the Section 21 notice if the deposit is not registered in a government-approved deposit scheme, unless they have returned the deposit to the tenant.
What happens after the S.21 notice is served?
Once the landlord has served the notice, the tenant may move out by the specified date. If the tenant does not leave the property by the specified date, the landlord will have to apply to the court to continue with the eviction process. Before making the application, landlords must ensure that all requirements of the S.21 notice are met. This includes providing evidence of having served the S.21 notice correctly.
If the tenants dispute the S.21 notice, the landlord will need to provide evidence of having served the notice correctly. This includes producing a completed copy of the Form 6A, proof of service, and documents relating to compliance with the requirements of serving the S.21 notice.
Once the court receives the application, they will send a copy of the application to the tenant, who is invited to attend a hearing. At the hearing, the judge will look at the evidence provided by both parties and make a decision. If the judge rules in favor of the landlord, they will issue a possession order, allowing the landlord to regain possession of the property.
Rights of tenants under S.21
S.21 evictions can be stressful times for tenants. However, tenants have certain rights under S.21 evictions. This includes the following:
1. The landlord cannot force the tenant to leave without a court order.
2. The landlord cannot change the locks or take any other actions that restrict the tenant’s access to the property.
3. The landlord cannot harass the tenant in any way.
4. The tenant can apply to the court to challenge the eviction if they believe the notice is not valid for any reason.
Conclusion
S.21 eviction is a common practice used by landlords in the UK to regain possession of their property. However, landlords must ensure they follow the correct procedures while serving a S.21 notice. They must provide the tenant with at least two months’ notice, use the correct form, and comply with all relevant regulations. Tenants have certain rights under S.21 eviction, including the right to challenge the notice’s validity. By understanding the S.21 eviction process and adhering to all relevant regulations, landlords can ensure that the eviction process runs smoothly.