A Section 21 Eviction Notice can be issued to you by your private landlord, but they can’t force you to leave your home. If they do not adhere to the correct procedure, or attempt to force you to leave, then you could be due for compensation.
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 28th 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 1st 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.