Eviction is a distressing and challenging experience for both landlords and tenants For landlords, it can be a long and burdensome process, while for tenants, it can mean losing their home and facing potential homelessness One of the most common ways landlords seek to evict tenants in the UK is through Section 21 of the Housing Act 1988, also known as a “no-fault eviction”.
Section 21 allows landlords to evict their tenants without giving a reason, as long as they follow the correct legal procedures This makes it easier for landlords to evict tenants who are not in breach of their tenancy agreement but who they simply wish to remove from the property However, recent changes in legislation have made it more difficult for landlords to use Section 21, in an effort to provide greater protection for tenants.
In order to evict a tenant using Section 21, landlords must give their tenants a notice in writing, known as a Section 21 Notice This notice must be delivered in accordance with the rules set out in the Housing Act 1988 and must give the tenant at least two months’ notice to leave the property Landlords cannot use Section 21 within the first four months of a tenancy, and they must also ensure that the tenant’s deposit has been protected in a government-approved scheme.
If the tenant does not leave the property by the date specified in the Section 21 Notice, the landlord can then apply to the court for a possession order The court will review the case and, if all the correct procedures have been followed, will grant the possession order, allowing the landlord to evict the tenant If the tenant still refuses to leave, the landlord can apply for a warrant of possession, which gives bailiffs the authority to physically remove the tenant from the property.
While Section 21 may seem like a straightforward way to evict a tenant, recent changes to legislation have made it more complex for landlords to use The Deregulation Act 2015 introduced new requirements for landlords seeking to evict tenants using Section 21, in an effort to protect tenants from unfair evictions.
One of the key changes introduced by the Deregulation Act 2015 is the requirement for landlords to provide tenants with a copy of the government’s “How to Rent” guide at the start of the tenancy eviction section 21. Failure to do so can invalidate a Section 21 Notice, making it impossible for the landlord to evict the tenant using this method Landlords must also ensure that they have complied with all the necessary legal obligations, such as providing tenants with an Energy Performance Certificate (EPC) and a Gas Safety Certificate.
Another important change introduced by the Deregulation Act 2015 is the introduction of a new form of Section 21 Notice, known as “Form 6A” This new form must be used by landlords when serving a Section 21 Notice on their tenants, and failure to use the correct form can also invalidate the notice Landlords must also ensure that they have given the tenant at least two months’ notice and that the notice expires on the last day of a rental period.
In addition to these changes, the government has also announced plans to abolish Section 21 altogether, in order to provide greater security for tenants The government’s proposal aims to end unfair evictions and give tenants more protection against unscrupulous landlords Instead, landlords will be required to use Section 8 of the Housing Act 1988, which requires them to provide a valid reason for evicting a tenant, such as rent arrears or anti-social behaviour.
In conclusion, Section 21 is a powerful tool that landlords can use to evict tenants without giving a reason, but recent changes in legislation have made it more difficult to use Landlords must ensure that they follow all the correct legal procedures when evicting tenants using Section 21, including providing tenants with the necessary information and using the correct forms The government’s plans to abolish Section 21 altogether will provide greater protection for tenants and make it harder for landlords to evict tenants unfairly.