If you’re a tenant and have been served with a s21 eviction notice, then you’ll need to know this stuff. Read on for a primer on what’s going on in the world of private renting and an overview of the implications for tenants who have been given this notice.
What is S21?
A s21 is an eviction notice from your landlord. It means that after the date specified in the notice, your tenancy will end automatically without any intervention by either party. The landlord doesn’t need to give you reasons why they’re giving it or come to court – they simply must give written notice two months before wanting you out.
Tenant’s rights:
- You can appeal against the notice if you believe the grounds for it do not apply to you. If a deadline for the appeal has been imposed, then you have only one week in which to send it. You can also ask for an extension of time in which to respond and explain why you feel your circumstances don’t warrant eviction.
- If you do appeal, and if you respond to the notice within the extension period, then you can remain in your home for two weeks afterwards. During this time, either side can begin court proceedings, in which case the eviction will not happen until after the court hearing. (See below for more info on court proceedings).
- If an appeal is heard by a judge at Court of Protection and s21 ground 1 is upheld (the reason is reasonable) then a possession order will be made but with conditions (e.g., rent money shall be paid regularly or kept in a bank account).
- If certain s21 grounds are upheld (see below) then you can stop the eviction by paying off arrears, if any, and costs of the proceedings to date.
- If you don’t respond to the notice, or if you appeal and lose, then possession will take place on the specified day and time. At that point you need to pack your bags because your tenancy is over. Any goods still in the property may be removed by bailiffs at that point and resold – there is no right for you to remove your own goods first.
- If you have no money to pay rent arrears or costs, then the bailiffs will instruct your landlord to get a court order so that they can take possession of the property. An eviction order is a court order passed by a judge (or other person acting as a judge) for the landlord to evict you. If you don’t leave voluntarily, then this is enforced by bailiffs who will forcibly remove you and/or your goods.
- If the landlord gets an eviction order, then they don’t generally need a reason for good cause to evict you. And even if they do make sure they write up what’s called an empty possession which justifies the reasons given in their court order (and includes whatever notices they provide).
- If you have a fixed term tenancy (normally for a term of 12 months or more), then the landlord can’t serve the s21 eviction notice within 6 months of the end of your fixed term. You can always cancel your agreement by giving at least 28 days’ notice.
- The landlord isn’t allowed to serve s21 notices at Christmas, New Year or public holidays; between midnight and midnight on any day; or early in the morning without giving you first-hand notice of 7 days, unless there’s been an emergency reason to do so.