Eviction from Privately Rented Property with Section 21 notice

Eviction with a Section 21 notice.

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Know your rights as a tenant.

This is the most commonly used method to evict a tenant renting on an assured shorthold tenancy contract.

A landlord can not evict you in this way during the fixed term of your contract (usually 6 or 12 months)

You do not have to leave immediately when a Section 21 notice is served and the whole process can take up to 6 months or more to complete.

Your landlord does not need a reason (such as late payment of rent) to serve a Section 21 notice once your fixed term contract is finished.

There are 3 steps that a landlord has to follow to evict you from a privately rented property and these must be followed and complied with properly to legally evict you with a Section 21 notice.

  1. Give you written notice to leave your home, usually a Section 21 notice, that gives you 2 months notice to leave.
  2. Your landlord must then take you court to get an order to leave.
  3. Only a bailiff can then evict you and only if they have an order from the court.

For more comprehensive details of a Section 21 notice see the Shelter advice page for assured shorthand tenants or call their helpline – 0808 800 444 – When I have tried this line it is often busy so you may need to persevere.

You will  find on the Shelter advice page many reasons that could invalidate a landlord’s Section 21 notice, including not protecting your deposit correctly, and if your tenancy started after 1st October 2015 there is better protection for tenants including protection from landlords that try to evict you because you have complained about aspects of the accommodation.

Another source of advice is Southend Citizens Advice Bureau