Sometimes, even normal issues like the eviction of a tenant from a property may require certain legal processes. One such common process involves Section 21 notice. While the Section 21 eviction notice does not mean that you must leave your home immediately, it does imply that your landlord has taken the first step to making you leave the property.
If you are a landlord, then you should know that the Section 21 eviction process and the notice can also be challenged by the court by the tenant. Landlords can use the Section 21 notice for evicting the tenant when the term of the tenancy ends following the written contract. The notice can also be used for tenancies that do not have any specific term and date. Such tenancies are called periodic tenancies.
ASSURED SHORTHOLD TENANCY (AST) AND SECTION 21 NOTICE
A tenant who holds the AST (Assured Shorthold Tenancy) can only be evicted by Section 21 notice. The important characteristics of the AST include:
- The landlord does not live in the home or property.
- The AST started after the date of 15th January 1989.
- The property rented is private.
- The property is the main/only accommodation of the tenant.
A tenancy has its own set of terms and conditions. Another notice called Section 8 is used when the tenant violates any of the terms and conditions of the tenancy.
WHAT FOLLOWS A SECTION 21 NOTICE
If a Section 21 notice is valid, it is binding on the parties involved and the tenant must evict the property. You can seek legal help from expert lawyers to find out whether your notice is valid or not. Apart from the Section 21 notice the landlord also requires a possession order for evicting the tenant. When all the dew processes are completed, the court bailiff will evict the tenant. However, any eviction that is done before the date and the period will be illegal and can be challenged in a court of law. For instance, Section 21 notice will have a specific date by which the tenant will be required to leave the property. The landlord can move to the court (for possession) only when the specific mentioned date in the Section 21 notice has passed.
Many of the tenants may have good relationships with their landlord and may ask them to stay a bit longer so that they can search for another accommodation and home. You can also send a letter and correspondence to your landlord, explain your situation and try to obtain more time. However, you should also keep a copy of the letter you send and the reply you get from your landlord for legal purposes. You can also request the court to give you more time to stay in your rented property.
CONCLUSION
A leading lawyer and law firm can help you leave your home in a hassle-free and convenient way. Legal help can also ensure that you get some more time and can find out the right accommodation for you even in the aftermath of a Section 21 Notice. Consult an expert lawyer and legal agency now to find out more about the legal Section 21 notice process and the fee involved to have a process and outcome that favors your circumstances.