WHAT HAPPENS IF A TENANT REFUSES TO LEAVE AFTER A SECTION 21 NOTICE?

What happens if a tenant refuses to leave after a Section 21 notice?

What happens if a tenant refuses to leave after a Section 21 notice?

Blog Article

A Section 21 eviction notice, often referred to as a "no-fault eviction," is a legal tool used by landlords in England and Wales to regain possession of their property without providing a specific reason. While this process is straightforward in theory, complications can arise if a tenant refuses to leave after receiving a Section 21 notice. This article explores the steps involved in such a scenario, the legal framework, and the rights and responsibilities of both landlords and tenants.

Understanding Section 21 Eviction Notices


Before diving into what happens when a tenant refuses to leave, it’s essential to understand the basics of a Section 21 notice. Under the Housing Act 1988, a Section 21 notice allows landlords to evict tenants after their fixed-term tenancy ends or during a periodic tenancy (a rolling month-to-month tenancy). Unlike a Section 8 notice, which requires the landlord to prove specific grounds for eviction (e.g., rent arrears or property damage), a Section 21 notice does not require the landlord to provide a reason for the eviction.

However, landlords must follow strict legal procedures when issuing a Section 21 notice. For example:

  • The notice must be in writing.

  • The landlord must provide at least two months' notice.

  • The deposit must be protected in a government-approved scheme, and the tenant must have received the prescribed information about the deposit.

  • The property must have a valid Energy Performance Certificate (EPC) and gas safety certificate (if applicable).


If these requirements are not met, the Section 21 notice may be deemed invalid, and the tenant can challenge the eviction.

What Happens If a Tenant Refuses to Leave?


If a tenant refuses to leave after the expiration of a Section 21 notice, the landlord cannot forcibly remove the tenant or change the locks. Doing so would constitute an illegal eviction, which is a criminal offense. Instead, the landlord must follow the legal eviction process through the courts. Here’s what typically happens:

1. Landlord Applies for a Possession Order


If the tenant remains in the property after the Section 21 notice period expires, the landlord must apply to the court for a possession order. This involves filling out the appropriate forms (usually Form N5B for assured shorthold tenancies) and paying a court fee. The court will then schedule a hearing.

2. Court Reviews the Case


During the hearing, the court will review the case to ensure the Section 21 notice was valid and that the landlord followed the correct procedures. If the notice is found to be invalid (e.g., due to missing paperwork or failure to protect the deposit), the court may dismiss the case, and the tenant can remain in the property.

3. Court Issues a Possession Order


If the court rules in favor of the landlord, it will issue a possession order, which gives the tenant a specific date by which they must vacate the property. There are two types of possession orders:

  • Standard Possession Order: The tenant is typically given 14 or 28 days to leave the property. If they fail to do so, the landlord can take further action.

  • Accelerated Possession Order: If the landlord uses the accelerated procedure (available when there is no dispute over facts), the court may issue a possession order without a hearing. This process is faster but only applies in straightforward cases.


4. Tenant Still Refuses to Leave


If the tenant refuses to leave even after the possession order expires, the landlord must apply for a warrant for possession. This involves requesting bailiffs to physically remove the tenant from the property. The bailiffs will provide the tenant with a notice of eviction, usually giving them at least 14 days' notice before the eviction date.

5. Bailiffs Enforce the Eviction


On the scheduled eviction date, bailiffs will arrive at the property to remove the tenant and any belongings. The landlord can then take back possession of the property.

Tenant’s Rights and Defenses


Tenants facing a Section 21 eviction have certain rights and may be able to challenge the eviction if the landlord has not followed the correct procedures. Common defenses include:

  • The Section 21 notice was not properly served (e.g., insufficient notice period or incorrect form).

  • The landlord failed to protect the tenant’s deposit or provide the required documentation.

  • The property is in disrepair, and the landlord has not addressed the issues.

  • The landlord issued the Section 21 notice in retaliation for the tenant making a complaint or requesting repairs.

  • The landlord did not provide the tenant with an EPC, gas safety certificate, or the government’s "How to Rent" guide.


If the tenant successfully challenges the eviction, the court may dismiss the case, and the tenant can remain in the property. In some cases, the landlord may be required to rectify the issue (e.g., protecting the deposit) before issuing a new Section 21 notice.

Landlord’s Responsibilities and Risks


Landlords must ensure they follow the correct legal procedures when issuing a Section 21 notice. Failure to do so can result in delays, additional costs, and the inability to evict the tenant. Additionally, landlords must avoid engaging in any form of harassment or illegal eviction, such as:

  • Changing the locks without a court order.

  • Cutting off utilities (e.g., water, electricity, or gas).

  • Removing the tenant’s belongings from the property.


Such actions can lead to criminal charges, fines, and even compensation claims from the tenant.

Recent Changes to Section 21 Evictions


In recent years, there has been growing criticism of Section 21 evictions, with many arguing that they contribute to housing insecurity. In response, the UK government has proposed abolishing Section 21 evictions as part of the Renters’ Reform Bill. If passed, this legislation would end no-fault evictions and require landlords to provide a valid reason for evicting tenants. However, as of now, Section 21 remains in force, and landlords can still use it to regain possession of their property.

Practical Tips for Landlords and Tenants


For Landlords:



  • Ensure all legal requirements are met before issuing a Section 21 notice.

  • Keep detailed records of all communications with the tenant.

  • Seek legal advice if you are unsure about the eviction process.

  • Avoid taking matters into your own hands, as this can lead to legal consequences.


For Tenants:



  • Check the validity of the Section 21 notice and seek legal advice if you believe it is invalid.

  • Keep records of any issues with the property (e.g., disrepair or harassment).

  • Communicate with your landlord and try to resolve any disputes amicably.

  • If you are struggling to find alternative accommodation, contact your local council for assistance.


Conclusion


A Section 21 eviction notice is a powerful tool for landlords, but it must be used correctly to avoid legal complications. If a tenant refuses to leave after receiving a Section 21 notice, the landlord must follow the proper legal process, which can be time-consuming and costly. Tenants, on the other hand, have the right to challenge the eviction if the landlord has not followed the correct procedures. As the legal landscape around evictions continues to evolve, both landlords and tenants must stay informed about their rights and responsibilities to navigate the process effectively.

If you are a landlord or tenant facing a Section 21 eviction, it is always advisable to seek professional legal advice to ensure your interests are protected.

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