SECTION 21 EVICTION NOTICE: WHAT HAPPENS IF YOU IGNORE IT?

Section 21 Eviction Notice: What Happens If You Ignore It?

Section 21 Eviction Notice: What Happens If You Ignore It?

Blog Article

A Section 21 eviction notice is one of the most common ways for landlords in the UK to regain possession of their property. Often referred to as a "no-fault eviction," this legal process allows landlords to evict tenants without providing a specific reason, provided they follow the correct procedures. However, what happens if a tenant chooses to ignore a Section 21 notice? This article will explore the implications of ignoring a Section 21 eviction notice, the legal process that follows, and the rights and responsibilities of both landlords and tenants.

Understanding the Section 21 Eviction Notice


A Section 21 notice is a legal document served by a landlord to a tenant under the Housing Act 1988. It is typically used in assured shorthold tenancies (ASTs), which are the most common type of tenancy agreement in the UK. The key feature of a Section 21 notice is that it allows landlords to evict tenants without having to prove any fault on the tenant's part, such as rent arrears or property damage. This is why it is often referred to as a "no-fault eviction."

For a Section 21 notice to be valid, certain conditions must be met:

  1. Proper Notice Period: The landlord must give the tenant at least two months' notice in writing. The notice period cannot end before the fixed term of the tenancy agreement expires, unless there is a break clause in the contract.

  2. Deposit Protection: If the tenant has paid a deposit, it must be protected in a government-approved tenancy deposit scheme, and the tenant must have been provided with the prescribed information about the deposit.

  3. Licensing and Documentation: The property must have the necessary licenses (e.g., Houses in Multiple Occupation license), and the tenant must have been given a copy of the Energy Performance Certificate (EPC), a Gas Safety Certificate, and the government's "How to Rent" guide.


If these conditions are not met, the Section 21 notice may be deemed invalid, and the landlord will not be able to proceed with the eviction.

What Happens If You Ignore a Section 21 Notice?


Ignoring a Section 21 notice is not advisable, as it does not make the problem go away. If a tenant chooses to ignore the notice, the landlord will likely take further legal action to regain possession of the property. Here’s what typically happens next:

  1. Landlord Applies for a Possession Order: If the tenant does not vacate the property by the date specified in the Section 21 notice, the landlord can apply to the court for a possession order. This is a legal order that requires the tenant to leave the property by a certain date.

  2. Court Proceedings: The court will review the case to ensure that the Section 21 notice was valid and that the landlord has followed the correct procedures. If the court is satisfied, it will issue a possession order. The tenant will be notified of the court hearing and has the right to attend and present their case.

  3. Possession Order Issued: If the court grants the possession order, the tenant will be given a specific date by which they must leave the property. This is usually 14 days after the court hearing, but in some cases, the court may extend this period if the tenant can demonstrate significant hardship.

  4. Warrant for Possession: If the tenant still refuses to leave after the possession order has been issued, the landlord can apply for a warrant for possession. This allows bailiffs to physically remove the tenant from the property. The tenant will be given notice of the bailiffs' visit, and they will have one last opportunity to leave voluntarily before being forcibly evicted.


Consequences of Ignoring a Section 21 Notice


Ignoring a Section 21 notice can have serious consequences for tenants, including:

  1. Eviction: The most immediate consequence is that the tenant will eventually be evicted from the property. This can be a stressful and disruptive experience, especially if the tenant has not made alternative housing arrangements.

  2. Court Costs: If the landlord has to go to court to obtain a possession order, the tenant may be ordered to pay the landlord's court costs. This can add up to several hundred pounds, depending on the complexity of the case.

  3. Damage to Credit Rating: If the tenant is ordered to pay court costs or any outstanding rent, and they fail to do so, this could be recorded on their credit file. A poor credit rating can make it difficult to rent another property, obtain a mortgage, or even secure certain types of employment.

  4. Difficulty Renting in the Future: Many landlords conduct reference checks on prospective tenants, and a history of eviction can make it difficult to secure a new tenancy. Landlords may be reluctant to rent to someone who has previously ignored an eviction notice.


Tenant Rights and Protections


While a Section 21 notice is a powerful tool for landlords, tenants do have certain rights and protections:

  1. Challenging the Notice: If a tenant believes that the Section 21 notice is invalid, they can challenge it in court. Common reasons for invalidity include the landlord failing to protect the deposit, not providing the required documentation, or serving the notice incorrectly.

  2. Seeking Advice: Tenants who receive a Section 21 notice should seek advice from a housing charity or legal professional as soon as possible. Organizations like Shelter, Citizens Advice, and local housing authorities can provide guidance on the best course of action.

  3. Negotiating with the Landlord: In some cases, it may be possible to negotiate with the landlord to extend the notice period or agree on a mutual surrender of the tenancy. This can help avoid the stress and expense of court proceedings.

  4. Applying for Homelessness Assistance: If the tenant is unable to find alternative accommodation, they may be able to apply for homelessness assistance from their local council. However, this is usually a last resort, and the council will expect the tenant to have made every effort to resolve the situation themselves.


Section 13 Notice: An Alternative to Section 21


It’s worth noting that a Section 21 notice is not the only way a landlord can seek possession of their property. A Section 13 notice can be used if the landlord wants to increase the rent, and the tenant refuses to agree to the new terms. However, unlike a Section 21 notice, a Section 13 notice requires the landlord to provide a valid reason for the rent increase, and the tenant has the right to challenge it through a tribunal.

Conclusion


Ignoring a Section 21 eviction notice is not a solution, as it will only delay the inevitable and potentially lead to additional costs and complications. Tenants who receive a Section 21 notice should take immediate action, whether that’s seeking legal advice, negotiating with the landlord, or making arrangements to move out. Landlords, on the other hand, must ensure that they follow the correct procedures when serving a Section 21 notice, as any mistakes could render the notice invalid and delay the eviction process.

In the end, both landlords and tenants have rights and responsibilities, and understanding these is key to navigating the eviction process as smoothly as possible. Whether you’re a tenant facing a Section 21 notice or a landlord seeking to regain possession of your property, it’s always advisable to seek professional advice to ensure that you are acting within the law and protecting your interests.

Report this page