A landlord has all the rights to repossess their property anytime they’re unhappy with a tenant or when the tenancy period ends. The laws provide a legal guideline that the landlord must use when evicting the tenants from their property. Issuing a valid section 21 notice is one of the essential steps the landowner should take. The law protects all the tenants’ rights during this period, allowing for a smooth lawful eviction process. This article describes the section 21 eviction process.
The landlord needs to offer the tenant a section 21 notice, which must be on Form 6A. Because of the effects of the coronavirus, the notice period has changed, but two, three, or four months are the most common periods. The agent or landlord will provide the section 21 notice on the following circumstances:
● When there’s a break clause on the fixed term contract
● During a rolling periodic tenancy
While providing the notice, the landlord needs to protect the tenant’s deposit and provide a gas safety certificate. The notice will provide the date when the tenant needs to leave the house. However, the landlord doesn’t need to provide reasons why he needs the tenant to leave. For this notice to be valid, the landlord needs to deliver it after 29 August.
- Court action
If the tenant stays in the house past the date the notice provides, then the landlord can apply for the possession order. A landlord can use the accelerated procedure to allow a faster hearing of the case. The landlord needs to provide the information about the eviction; then, the judge can decide whether the case will need a hearing. The court will only stop the eviction if the section 21 notice is faulty. The court process may take several weeks or months; the duration will vary due to;
● If the case needs several hearings
● How swift the landlord takes action
● Activities in the courts, it may take longer if the court has many cases to deal with.
Only the court bailiffs can evict a tenant from the home or house. The landlord must apply for the bailiffs if the tenant stays in the house past the possession order date. The bailiffs might be from the high court enforcement team or county court bailiffs. The time the bailiffs may take to evict a tenant from the house will solemnly depend on the type of bailiffs the landlords use. Additionally, the activities the bailiffs engage in will also determine the period of eviction. Averagely the process may take seven to ten weeks; the period might be less if the landlord uses the high court enforcement team. The bailiffs provide the tenants with a notice of at least two weeks before the eviction date.
To sum it up
It’s essential to follow the legal process when a landlord or agent wants to evict a tenant from the house or home. The section 21 eviction process provides the best legal option of evicting a tenant from the home or house. The process ensures a swift eviction procedure, safeguarding all the tenant’s rights and ensuring the landlord repossesses the house.