Section 21 eviction process is the process of evicting tenants from rental property in England. This procedure is implemented by an Assured Shorthold Tenancy Agreement (AST). The section 21 eviction process only applies to tenants who have been living in the same property for three years or less and have not lived there for more than six months. There are two types of notices that can be served on the tenant: One requires them to leave but cannot be enforced until a certain period of time has passed, and another requires them to leave at no specific time.
The benefits of using section 21 eviction process
- Eviction remedy for the landlord
This process is suitable for landlords looking to regain possession of their rented property as it provides a quick and easy way of getting the tenant out. It is often used by landlords to evict troublesome tenants who are causing them trouble and are not abiding by the Agreement.
- Eviction remedy for the tenant
The tenant may use this process as a way of getting out of a tenancy agreement they don’t want leaving them with no other place to live. The other benefit is that there is no time limit on this process, meaning it can be used at any time. Section 21 evictions can also be used if you have been served with an eviction order for a different reason than failure to pay rent or break any other condition in the tenancy agreement, but more on this later. This is also known as “cancellation” or “cessation”.
- Eviction process is cheaper and less trouble for the landlord than eviction court
The section 21 eviction process is significantly cheaper than going to court or arbitration. The cost of the costs of an out of court disposal is often less, especially if you are able to get free legal advice from your nearest Citizens Advice Bureau (CAB). Section 21 evictions are not subject to the same laws that apply in evictions through the courts or arbitration.
The disadvantages of using section 21 eviction process
- Landlords can be more time than other eviction remedies available
Although the process itself is simple and straightforward, serving a section 21 notice is not always so straightforward. For example, in order to use this procedure properly you need to check that you have complied with the correct legal procedure when drafting your tenancy agreement. If you are using this process you may need to serve a ‘prescribed information’ form in the right way so that it is valid and therefore enforceable which makes it a more time consuming process. It also involves more legal fees as well as costs for court fees or arbitration services if needed. Some landlords like to use the section 21 eviction process alongside other forms of remedies such as court or arbitration, which is often seen as a cheaper alternative.
- Less secure for tenants than other eviction remedies
Once a tenant has been served with a section 21 notice it can be fairly easy for them to gain access to their property and collect all of their belongings, especially if the landlord does not take on additional security measures such as locking up the property, posting “beware of dog” signs on doors and keeping keys in a safe place. If your tenant has been living in your home for more than six months you will have to apply for possession through the courts or arbitration.