WHAT ARE THE TENANT’S RIGHTS WHEN FACING A SECTION 21 EVICTION?

What are the tenant’s rights when facing a Section 21 eviction?

What are the tenant’s rights when facing a Section 21 eviction?

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A Section 21 eviction, often referred to as a no-fault eviction, is a legal process in England and Wales that allows landlords to regain possession of their property without providing a specific reason. This type of eviction is governed by Section 21 of the Housing Act 1988. While it is a legitimate tool for landlords, it can be a source of significant stress and uncertainty for tenants. Understanding your rights as a tenant when facing a section 21 eviction notice is crucial to navigating the process and ensuring that your landlord follows the correct legal procedures.

What is a Section 21 Eviction?


A Section 21 eviction notice is a legal document served by a landlord to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST) agreement. Unlike a Section 8 eviction, which requires the landlord to provide a specific reason (such as rent arrears or anti-social behavior), a Section 21 eviction does not require the landlord to justify their decision. This is why it is often referred to as a "no-fault eviction."

However, just because it is a no-fault eviction does not mean that landlords can issue a Section 21 notice without adhering to strict legal requirements. Tenants have rights and protections under the law, and landlords must follow the correct procedures to ensure the eviction is valid.

Key Tenant Rights When Facing a Section 21 Eviction


1. Proper Notice Period


One of the most important rights tenants have when facing a Section 21 eviction is the right to a proper notice period. The length of the notice period depends on the type of tenancy and when the notice is served:

  • For periodic tenancies (rolling week-to-week or month-to-month tenancies): The landlord must give at least two months' notice. This notice period must align with the rental period. For example, if rent is paid monthly, the notice period should end on the last day of a rental period.

  • For fixed-term tenancies: The landlord cannot serve a Section 21 notice during the fixed term unless there is a break clause in the tenancy agreement that allows for early termination. If the fixed term has ended, the landlord must give at least two months' notice.


It is important to note that the notice period cannot expire before the end of the fixed term. For example, if you have a six-month fixed-term tenancy, the landlord cannot serve a Section 21 notice that expires before the six months are up.

2. Valid Section 21 Notice


For a Section 21 notice to be valid, the landlord must meet certain legal requirements. If these requirements are not met, the notice may be invalid, and the tenant may be able to challenge the eviction. Key requirements include:

  • Protected Deposit: If the tenant has paid a deposit, the landlord must have protected it in a government-approved tenancy deposit scheme within 30 days of receiving it. The landlord must also provide the tenant with prescribed information about the deposit, including details of the scheme used.

  • Energy Performance Certificate (EPC): The landlord must have provided the tenant with a valid EPC for the property before the tenancy began.

  • Gas Safety Certificate: If the property has gas appliances, the landlord must have provided the tenant with a valid gas safety certificate before the tenancy began.

  • How to Rent Guide: The landlord must have provided the tenant with a copy of the government's "How to Rent" guide at the start of the tenancy.


If the landlord has failed to meet any of these requirements, the Section 21 notice may be invalid, and the tenant may be able to defend against the eviction in court.

3. Retaliatory Eviction Protections


In some cases, tenants may be protected from retaliatory eviction. Retaliatory eviction occurs when a landlord serves a Section 21 notice in response to a tenant making a legitimate complaint about the condition of the property. If the tenant has made a complaint in writing to the landlord about the condition of the property, and the landlord has failed to address the issue, the tenant may be able to challenge the Section 21 notice.

Additionally, if the local authority has issued an improvement notice or emergency works notice in response to the tenant's complaint, the landlord cannot serve a valid Section 21 notice for six months.

4. Right to Challenge the Eviction in Court


If a landlord serves a Section 21 notice and the tenant does not vacate the property by the end of the notice period, the landlord must apply to the court for a possession order. Tenants have the right to challenge the eviction in court if they believe the Section 21 notice is invalid or if the landlord has not followed the correct procedures.

When the case goes to court, the judge will review the evidence and determine whether the Section 21 notice is valid. If the notice is found to be invalid, the court may dismiss the landlord's claim for possession, and the tenant will be able to remain in the property.

5. Right to Stay Until the Court Orders Possession


Even if a landlord serves a valid Section 21 notice, the tenant has the right to remain in the property until the landlord obtains a possession order from the court. The landlord cannot force the tenant to leave without a court order, and doing so would be an illegal eviction, which is a criminal offense.

If the landlord obtains a possession order, the tenant will be given a date by which they must vacate the property. If the tenant does not leave by this date, the landlord can apply for a warrant for eviction, and bailiffs will be sent to remove the tenant from the property.

6. Right to Seek Advice and Support


Tenants facing a Section 21 eviction have the right to seek advice and support from various organizations, including:

  • Citizens Advice: Provides free, confidential advice on housing issues, including eviction.

  • Shelter: A housing and homelessness charity that offers advice and support to tenants facing eviction.

  • Local Authority Housing Department: Can provide advice and assistance, particularly if the tenant is at risk of homelessness.


Seeking advice early can help tenants understand their rights and options, and may help them to challenge an invalid Section 21 notice or negotiate with the landlord.

7. Right to Reasonable Time to Find Alternative Accommodation


While the law does not specify a minimum period for tenants to find alternative accommodation, courts generally expect landlords to act reasonably. If a tenant is making genuine efforts to find a new home but needs more time, they may be able to request an extension from the court. In some cases, the court may grant a delay in the possession order to give the tenant more time to move out.

8. Right to Protection from Harassment and Illegal Eviction


Tenants have the right to live in their rented property without fear of harassment or illegal eviction. Harassment can include actions such as changing the locks, cutting off utilities, or threatening behavior. Illegal eviction occurs when a landlord forces a tenant to leave the property without following the correct legal procedures.

If a tenant believes they are being harassed or illegally evicted, they should contact their local authority or the police. Harassment and illegal eviction are criminal offenses, and landlords who engage in such behavior can face prosecution.

Conclusion


Facing a Section 21 eviction can be a daunting experience, but tenants have important rights and protections under the law. By understanding these rights, tenants can ensure that their landlord follows the correct procedures and can take action if the Section 21 notice is invalid or if they are being treated unfairly.

If you are facing a Section 21 eviction, it is essential to seek advice from a housing expert or legal professional as soon as possible. They can help you understand your rights, challenge an invalid notice, eviction, and explore your options for staying in your home or finding alternative accommodation.

Remember, while a Section 21 eviction is a no-fault eviction, landlords must still follow the law, and tenants have the right to defend themselves against unfair or unlawful eviction.

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