Section 21 Possession Claims

Section 21 Possession Claims

A Section 21 notice is the most common way for a landlord to begin an eviction of a tenant. They do not need a reason or ground. Landlords must follow strict procedure in order to evict a tenant else they risk being guilty of harassment or illegally evicting their tenants.

In order for a Section 21 notice to be considered legal it must;

• Be in writing and a landlord must use the prescribed form to serve a S21 notice.
• Be served at the correct point in time.
• The standard minimum notice period is two months.

If you are issued a Section 21 notice, you will not have to leave immediately. Landlords have to give a minimum of two months’ notice. Sometimes the notice may need to be longer. Landlords are not obliged to give a reason for evicting the tenant although some reasons include;

• The landlord wants to move back in to the property
• Rent is overdue
• The tenant has breached their contract in any way
• The property has been inherited/is to be sold

The initial most important thing to do is check the validity of the Section 21 notice. If the notice is in any way not valid then you may be able to challenge it and remain in your home. The notice will be invalid if;

• The notice is served incorrectly. This may include use of the wrong form, wrong notice periods stipulate
• The tenancy began less than 4 months ago
• The laws relating to deposit protection have not been followed
• The gas safety, energy performance certificates or how to rent guide have not been provided
• You live in a property that requires a licence and your landlord doesn’t have one
• A fee has been taken which is banded by the tenancy fees act
• The notice is served further to a local authority serving a notice to undertake works

S21 notices can be complicated and Duncan Lewis housing solicitors can advise tenants on the issue of a Section 21 Notice, including whether an S21 can be used to gain possession of a property – and whether a landlord has issued the S21 correctly.

Get in Touch

Duncan Lewis urges clients to get in touch as soon as possible in cases involving the issue of an S21 Notice, and can also offer alternative solutions in respect of court action such as negotiating settlements and sometimes dispute resolution or mediation in order to enable you to remain in the property or to leave on terms you are happy with.

For expert legal advice on Possession Claims and Section 21 matters, do not hesitate to contact one of our dedicated Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.