Section 21 Evictions

Why could you receive a Section 21 Notice?

• You can only be issued a Section 21 Notice from a private landlord when you have signed on an Assured Shorthold Tenancy [AST]. This is the most common form of agreement for tenancies commencing after 28^th Feburary 1997.
• Landlords do not need any reason to issue a Section 21 Notice. They may want to move back into their property, or they may wish to sell their property.
• If your landlord issues you with a Section 21 Notice then you will not have to leave your home straight away.
• They will need to take you to court to evict you, but only if they have issued you with a legally valid notice.

When will a landlord not be able to give you a Section 21 Notice?

• You won’t be able to be evicted if it’s been less than six months since your tenancy began.
• If the council has served an improvement notice on your property in the last six months, or a notice has been served saying that emergency works are due to be undertaken, then your landlord will not be able to evict you using a Section 21 Notice.

On the 1^st October 2018 new laws regarding Section 21 Eviction Notices came into effect, giving tenants more power when it comes to protecting themselves from eviction:

• Any Section 21 Notice (issued before or after that date) will now have a 6 month expiry date.
• Landlords will need to commence court proceedings within 6 months of issuing the notice, if they fail to do so then they will have to issue a new eviction notice.

Your Section 21 Eviction Notice could be invalid:

• If your landlord has failed to make repairs to your home.
• If your landlord hasn’t given you important safety documents.
• If your landlord hasn’t properly protected your deposit.
• If your landlord hasn’t used the correct type of form.
• If your landlord has given you less than 2 months’ notice.

We can help make sense of your Section 21 Eviction Notice and provide you with a professional legal defence.

We act for all clients on a no win no fee basis.