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Section 21 

All landlords will unfortunately face the need to evict a tenant at one time or another.
There are two eviction procedures provided for by law.

A landlord may serve a Section 21 Fixed Term Tenancy or a Section 21 Periodic Tenancy both are Two Month Notice To End Tenancy
The section 21 eviction order is utilised when the tenant vacating the property is the landlords priority. (If the landlord wants the tenant to shape up a section 8 may be issued).

A section 21 eviction order is the first stage in the eviction process for a tenant who has broken the terms of the lease. With this order the tenant must leave and the landlord is not forced to give a reason. The section 21 eviction order is the preferred means of eviction by landlords as possession with this notice is mandatory.

A section 21 eviction notice should be issued when the landlord believes he may face resistance in having the tenant evicted. For tenants who have a housing benefit it is also the preferred method. This notice provides for faster eviction than other forms of eviction.

If the landlord needs the eviction of the client to be direct and legal he will serve a section 21.

An advantage to the section 21 eviction order is that no reason is needed and the court must enforce the order.As mentioned earlier, this method is the preferred method of eviction under British law. It is fast and does not require a long process before serving. If you fall foul of a section 21 possession order even by making one minor date error, the financial repercussions can be devastating. Whilst you are fighting to rectify the situation, tenants are sitting tight, many not paying rent. By the time the court sorts things out it is often 6 or 7 months later and the landlord has suffered losses that may well break them.

When you cannot use a Section 21 notice

You cannot use a Section 21 notice if any of the following apply:

  • it’s less than 6 months since the tenancy started

  • the fixed term has not ended, unless there’s a clause in the contract which allows you to do this

  • the property is categorized as a house in multiple occupation (HMO) and does not have a HMO licence from the council

  • the council has served an improvement notice on the property in the last 6 months

  • the council has served a notice in the last 6 months that says it will do emergency works on the property

  • the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme

  • you do not have a landlord licence - if you live in Wales

You cannot use a Section 21 notice if you have not given the tenants copies of and you need to prove that you have given them :

           Find Out Whitch Way To Go Section 21 Or Section 8 Click On The Link 

 

  • If everything goes smoothly the process can still take three or four months. Making a mistake generally adds another three months. The rent goes unpaid and the landlord will never see that money.​

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