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Section 21 Evictions: What you need to know before the Law Changes

The Renters Reform bill is currently passing through parliament and will do away with Section 21 ‘No Fault’ evictions of Tenants. Landlords are still, for the time being, able to use this route to obtain vacant possession of their property.

If you need to evict a tenant, then the section 21 notice will allow you to do this without having to give a reason for the eviction. However, there are several rules that must be followed by Landlords when using the section 21 process.

Prior to notice being served the tenant should have been provided with a copy of the Gas safety certificate, EPC and How to Rent Guide.

 Notice must then be served on the Tenant using the prescribed form. The Tenant then has two months to vacate the property.

Should the Tenant not vacate the property after two months, then the Landlord can apply to the Court for a possession order. The Possession Order may be granted without a hearing.  But if there are any issues raised the Court will list a hearing. The Tenant is usually given 14 days in which to vacate the property from the date of the Order.   

If the Tenant still refuses to vacate the property, the Landlord can then seek the permission of the Court to instruct bailiffs to remove the tenant from the property.  

If you are a landlord wishing to obtain vacant possession of your property, it is important to remember that the process can be simple if the technical legal details are complied with. It is important to get legal advice to ensure that you follow the correct procedures and that the eviction itself is legal.

At Mercers, we have a team of experienced solicitors who can help you with any Landlord and tenant issues, including the obtaining of vacant possession. We can assist with the service of section 21 notices, applications to the courts for Possession orders and the obtaining of permission to instruct bailiffs.

We are also able to advise you on your rights and responsibilities as landlords.

If you need help with a Section 21 eviction, please contact us today. We would be happy to discuss your case and advise you on the best course of action.

Article written by Edward Capstick – Litigation Solicitor

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