If you are a tenant in the UK, it is important to familiarize yourself with section 21 of the tenancy agreement. This section outlines the process for landlords to regain possession of their property at the end of a tenancy. Here are ten things you should know about section 21:
1. Section 21 notice – this is the notice served by the landlord to the tenant to end the tenancy and regain possession of the property. This notice must be in writing and give the tenant at least two months’ notice before the end of the tenancy period.
2. Notice cannot be served during the first four months of the tenancy – this is to protect tenants from being unfairly evicted shortly after moving in.
3. No reason is needed – landlords do not need to provide a reason for serving a section 21 notice. However, they cannot use section 21 to evict a tenant for discriminatory reasons or in retaliation to complaints or requests for repairs.
4. Section 21 notice can be served even if the tenant has not broken any rules – sometimes landlords may simply want to regain possession of their property for their own use or to sell.
5. Possession order – if the tenant does not leave the property after the two-month notice period, the landlord can apply to the court for a possession order.
6. Accelerated possession – this is a faster court process that landlords can use if the tenant has not contested the possession order application.
7. Eviction – if the tenant still does not leave the property after the possession order has been granted, the landlord can apply for a warrant of possession to have the tenant evicted by bailiffs.
8. Disputing a section 21 notice – tenants can dispute a section 21 notice if they believe it has been served incorrectly or if the landlord has not fulfilled their obligations under the tenancy agreement.
9. Retaliatory eviction – if the tenant has made complaints or requests for repairs and the landlord attempts to evict them using section 21, this may be considered retaliatory eviction and is illegal.
10. Tenants’ rights – tenants have the right to live peacefully in their home and landlords cannot use section 21 to harass or intimidate them.
In conclusion, section 21 of the tenancy agreement is an important aspect of renting in the UK. Tenants should be aware of their rights and the process outlined in the agreement to ensure a fair and peaceful tenancy.