Section 21 of the Housing Act 1988 is a process for landlords to evict their tenants. The tenancy must be an assured shorthold tenancy, which is created when someone rents a property on an agreed length of time – usually 6 months, but it can be shorter or longer. This type of tenancy often has a break clause in the contract which allows the landlord to serve notice and regain possession of the property at any time.
If you’re renting your home and would like to know more about this process, here are some things you need to know about Section 21.
WHAT IS A SECTION 21 EVICTION?
Section 21 is a process for landlords to evict their tenants. The tenancy must be an assured shorthold tenancy, which is created when someone rents a property on an agreed length of time – usually 6 months, but it can be shorter or longer. This type of tenancy often has a break clause in the contract which allows the landlord to serve notice and regain possession of the property at any time.
WHAT ARE THE REQUIREMENTS FOR SERVING A SECTION 21 NOTICE?
A Section 21 notice can be served on a tenant if:
The tenancy has been renewed at least once and the landlord does not need to give any notice for renewal.
The landlord wants to regain possession of the property due to redevelopment, demolition or permanent change of use.
The court has ordered possession of the property.
There is a break clause in the contract which allows a landlord to regain possession.
WHEN CAN LANDLORDS SERVE SECTION 21 NOTICES?
Section 21 notices can be served at any time, as long as your tenancy is an assured shorthold. If you’re not sure what type of tenancy you have, a good rule of thumb is that if your property or home has been let to you for less than 3 years, then it’s likely an assured shorthold.
CONCLUSION
A Section 21 notice can be served by your landlord to evict your if the tenancy is an assured shorthold tenancy. To do so, the landlord must be of good character and of full capacity, you must have paid the rent and not be in breach of any terms of the agreement. If you are in breach of any terms, landlords can serve a Section 8 notice. The landlord cannot serve a Section 21 notice in retaliation for a breach of contract or to evict you from your home.
Section 21 Eviction Process: What You Need to Know
In this blog post, we will go over what a Section 21 Eviction is and what you need to know.
The Section 21 process is a kind of eviction in England and Wales in which a landlord can ask a tenant to leave a property in a certain amount of time if the tenancy has been an assured shorthold tenancy. The landlord must be of good character and of full capacity, you must have paid the rent and not be in breach of any terms of the agreement. If you are in breach of any terms, landlords can serve a Section 8 notice. The landlord cannot serve a Section 21 notice in retaliation for a breach of contract or to evict you from your home.