SECTION 21 EVICTION NOTICE: HOW TO DELAY THE PROCESS

Section 21 Eviction Notice: How to Delay the Process

Section 21 Eviction Notice: How to Delay the Process

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A Section 21 eviction notice, often referred to as a "no-fault eviction," is a legal tool landlords in England and Wales can use to regain possession of their property without providing a specific reason. Unlike a Section 8 notice, which requires the landlord to prove the tenant has breached the tenancy agreement, a Section 21 notice allows landlords to evict tenants simply because they want the property back. While this may seem straightforward, tenants facing a Section 21 eviction notice often feel overwhelmed and uncertain about their rights. If you’ve received a Section 21 notice, it’s important to understand that there are ways to delay the eviction process, even if you cannot stop it entirely. This article will explore the steps you can take to buy yourself more time and ensure your rights are protected.

Understanding the Section 21 Eviction Notice


Before diving into how to delay the process, it’s crucial to understand what a Section 21 notice is and how it works. A Section 21 notice is a legal document served by a landlord to end an assured shorthold tenancy (AST). It is typically used when the fixed term of the tenancy has ended or during a periodic tenancy (a rolling month-to-month tenancy). The notice gives the tenant at least two months to vacate the property. However, the landlord cannot force the tenant to leave until they obtain a possession order from the court.

Key points to note about a Section 21 notice:

  • It is a "no-fault" eviction, meaning the landlord does not need to provide a reason for wanting the property back.

  • The notice must be in writing and give the tenant at least two months’ notice.

  • The landlord cannot serve a Section 21 notice within the first four months of the tenancy.

  • The notice is invalid if the landlord has not protected the tenant’s deposit in a government-approved scheme or provided the tenant with the required documents, such as the Energy Performance Certificate (EPC) and Gas Safety Certificate.


How to Delay the Eviction Process


If you’ve received a Section 21 notice and need more time to find alternative accommodation or resolve issues with your landlord, there are several steps you can take to delay the eviction process:

1. Check the Validity of the Section 21 Notice


The first step is to ensure that the Section 21 notice is valid. Landlords must follow strict legal procedures when serving a Section 21 notice. If they fail to do so, the notice may be invalid, and you can challenge it in court. Here are some common reasons why a Section 21 notice might be invalid:

  • The landlord did not provide the required two months’ notice.

  • The notice was served during the fixed term of the tenancy (unless there is a break clause).

  • The landlord did not protect your deposit in a government-approved scheme or provide you with the prescribed information.

  • The property is a house in multiple occupation (HMO) and does not have the required license.

  • The landlord did not provide you with an EPC, Gas Safety Certificate, or the government’s "How to Rent" guide.


If any of these issues apply to your situation, you can inform your landlord or their agent that the notice is invalid. If they proceed with the eviction, you can raise these issues in court, which may delay the process.

2. Wait for the Landlord to Apply for a Possession Order


After serving a Section 21 notice, the landlord cannot force you to leave until they obtain a possession order from the court. This process can take several weeks or even months, depending on the court’s workload. During this time, you can continue living in the property while preparing for your next steps.

3. Challenge the Possession Order in Court


If the landlord applies for a possession order, you have the right to challenge it in court. You can attend the hearing and present your case, highlighting any issues with the Section 21 notice or your tenancy. For example, if the notice is invalid or the landlord has not followed the correct procedures, the judge may dismiss the possession order or grant the landlord a delayed possession date.

4. Request More Time from the Court


Even if the judge grants the landlord a possession order, you can request more time to vacate the property. Courts are often sympathetic to tenants who need additional time to find alternative accommodation, especially if they have children, are elderly, or have disabilities. The judge may grant an extension of several weeks or months, depending on your circumstances.

5. Negotiate with Your Landlord


In some cases, it may be possible to negotiate with your landlord to delay the eviction. For example, you could offer to pay rent for an additional month or two in exchange for more time to move out. Landlords may be willing to agree to this, as it avoids the cost and hassle of going to court.

6. Seek Legal Advice


If you’re unsure about your rights or how to challenge a Section 21 notice, it’s a good idea to seek legal advice. Many organizations, such as Shelter and Citizens Advice, offer free or low-cost legal advice to tenants facing eviction. A solicitor or housing advisor can help you understand your options and represent you in court if necessary.

7. Apply for Homelessness Assistance


If you’re unable to find alternative accommodation before the eviction date, you can contact your local council for assistance. They may be able to provide temporary housing or help you find a new place to live. However, it’s important to act quickly, as councils often have limited resources and may not be able to help if you wait until the last minute.

Section 13 Notice: An Alternative to Section 21


While this article focuses on Section 21 eviction notices, it’s worth mentioning the Section 13 notice, which is used by landlords to increase rent. If your landlord is trying to evict you because you’ve refused a rent increase, you may be able to challenge the increase using a Section 13 notice. This can be a complex area of law, so it’s advisable to seek legal advice if you’re in this situation.

Conclusion


Receiving a Section 21 eviction notice can be a stressful experience, but it’s important to remember that you have rights and options. By checking the validity of the notice, challenging it in court, and seeking legal advice, you can delay the eviction process and buy yourself more time to find alternative accommodation. While a Section 21 notice is a "no-fault" eviction, landlords must follow strict legal procedures, and any mistakes they make can work in your favor. If you’re facing eviction, don’t hesitate to reach out to organizations like Shelter or Citizens Advice for support. With the right approach, you can navigate the eviction process and protect your rights as a tenant.

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