Evicting Tenants

Section 21 Notices

Section 21 Notices

Section 21 of the Housing Act 1988 provides landlords with a simple way to evict tenants, whose rights are a key focus of the legislation. A landlord cannot legally remove a tenant from a property unless he or she follows official procedure (though any person who is subject to an excluded licence or tenancy cannot rely on Section 21 or any other legislative measure). Most tenancies in England and Wales are either periodic or fixed term, both of which are covered under Section 21.

To evict tenants, landlords are required to give them sufficient notice. Under Section 21(1) (b) of the 1988 Act, written notice must be given to tenants at least two months before they are scheduled to be evicted. Notice must also end at the same time as a period of rent. This basic measure aims to provide assured shorthold tenants with a reasonable opportunity to find alternative accommodation. The term of notice may be extended if the rental period (that is, the time between each payment) is longer than two months.

Landlords cannot use a Section 21 notice in the first six months of either a periodic assured shorthold tenancy or fixed-term assured shorthold tenancy. Furthermore, the provision may not be available to landlords who have failed to protect tenants' deposits using a Government-backed scheme.

Notice to Quit

If the statutory route is not applicable in the circumstances, a landlord may issue a tenant with a notice to quit. Typical reasons for a landlord wanting to evict a tenant include rent arrears, property damage and anti-social behaviour. After a notice to quit has been served (usually two months' notice is required), the tenant must vacate the property. If they choose not to do so, the landlord must apply for a possession order from the court. If granted, a possession order enables the landlord to request a warrant for eviction. This warrant can be used to instruct bailiffs to physically remove the tenant and their belongings from the property, which is a step that most landlords and tenants should hope to avoid.

Eviction laws have been tightened in recent years. Tenancies that commenced before the 27th February 1997 may be regulated or assured. These tenancies provided tenants with more protection from eviction than assured shorthold tenancies.

In conclusion, landlords can evict tenants on discretionary grounds (such as rent arrears) or by using Section 21 of the 1988 Act. At no point can a landlord attempt to evict an assured shorthold tenant without following one of the steps described above.

by: Philip Loughran

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