s21 eviction notice
October 13, 2021
You may not know this, but you can be evicted from your home under the s21 notice. This is often called eviction, however, it is actually an order for possession made by a court bailiff.
(1) WHAT ARE THE REASONS FOR EVICTION?
There are several reasons why you can receive an s21 eviction notice. These range from material breaches of the tenancy agreement to rent arrears and even if the tenant fails to pay rent in time after being notified about it.
(2) THE TIMESCALE FOR ISSUING AN S21 EVICTION NOTICE
Your landlord must serve you with a written section 21 notice giving at least two months’ notice before applying to the county court for a possession order. Section 21 should give details on how much you owe in rent and when the rent was due.
(3) WHAT PROOF DOES A LANDLORD NEED TO GIVE AN S21 EVICTION NOTICE?
Your landlord must provide proof of having served you with a written section 21 notice giving at least two months’ notice before applying to the county court for a possession order. This may be in the form of a written statement or by producing a number of different documents, such as receipts for postage, which prove that they have been sent. In addition, your landlord should provide any other evidence that it intends to rely upon justifying possession. If this is not done then the application will normally be adjourned until it can be provided. The previous history of attempts to serve notices and if necessary, committal warrants, any written statements from postmen or others showing that the notices have been attempted to be served and whether there is any other evidence for trial.
(4) ATTEMPTING TO HALT AN S21 EVICTION NOTICE
There are no ways you can attempt to halt a section 21 eviction notice even if it was not followed properly in the first place. The only way you can prevent being evicted is by going to court and asking a judge not to grant possession. Your landlord must apply to a county court for a possession order in order to legally evict you.
(5) HOW DOES AN S21 EVICTION NOTICE WORK?
In legal terms, this means your tenancy comes to an end 28 days from when the bailiffs give u the actual ‘notice of possession.’ It does not mean that you will be evicted immediately after the 28 days is up or that your belongings will physically be removed during that time.
(6) WHEN CAN AN S21 EVICTION NOTICE BE GIVEN?
Your landlord has the right to give you a section 21 at any time during a tenancy agreement, and there are no specific conditions that must be fulfilled before they can do so. If the tenant refuses to leave once this notice expires, then your landlord can begin legal action against them in court for an order for possession. This usually requires the filling out of a form N5B (for England and Wales), but it’s important to get both the landlord and tenants’ names accurate; otherwise, it may lead to delays.
If you are in this situation, you should seek advice immediately.
(7) WHAT CAN I DO IF I AM GIVEN AN S21 EVICTION NOTICE?
If you receive a section 21 notice, there are still ways to prevent being evicted by the county court, including avoiding rent arrears and getting someone to act for them. You must act quickly, however, because certain delays could cost you your home.