Section 21 eviction is a term used in the United Kingdom for when a landlord issues a section 21 notice, informing the tenant that their tenancy is going to be brought to an end. In other words, they will be evicted.
In most cases, landlords do not intend on following through with this notice and it is in fact only issued as a scare tactic or threat. If a landlord successfully issues a section 21 notice, it enacts what is known as the ‘presumption of breach,’ which in itself is part of the law governing any situation where a landlord attempts to evict their tenant. This means that, in most cases at least, where a tenant fails to fulfill their tenancy agreement they will be legally liable for receiving a section 21 notice and being evicted from their home. Some landlords do, in fact, carry out this eviction and there are situations where a tenant will knowingly or unknowingly breach their agreement, resulting in them being evicted.
Section 21 notices must be served at least two months before the date they specify. There can be multiple section 21 notices issued by a landlord, but only the last one will be valid. A landlord cannot issue a new notice if earlier ones are still pending. If the landlord does not serve their tenant with a section 21 notice before the end of their tenancy, it will become periodic and that tenancy will continue on a monthly basis until or unless it is terminated. The section 21 notice is used to formally notify the tenant that they will be evicted at the end of their tenancy. The landlord must specify the date by which they aim to begin this process, and this date must fall on one of four options:
The reason(s) for eviction can be one or a number of factors, including:
It is worth noting that there are many cases where tenants have successfully challenged landlords over an attempt to evict them using a section 21 notice and that, in some cases, tenants can actually lose their right to remain in their home if they do not fulfil their responsibilities as outlined by their tenancy agreement. This can occur if a landlord issues a valid section 21 notice, if the tenant does not respond in the correct manner or within the allotted timeframe.
Responding to a section 21 notice is crucial for the rights of the tenant. If a tenant fails to respond to this eviction notice then they may lose their right to be in their home and the landlord may take them to court for an order for possession. If, on the other hand, they do respond correctly, proving that they have fulfilled their tenancy agreement, then they will be safe from eviction even if there are other reasons as to why their tenancy should be terminated. However it is important that tenants avoid responding aggressively as this could result in further complications.
How a tenant responds to a section 21 notice will depend on the individual and their circumstances; however, there are certain things they must do. If a tenant receives a section 21 notice then they must respond within 14 days informing the landlord that they have not breached their tenancy agreement and that they have tenancies at will. If it is the case that there has been no breach then tenants should ask for the section 21 notice to be cancelled. If this is not possible then tenants should send the landlord an email or another letter informing them that you no longer accept your tenancy being brought to an end in this way.