HOW TO AVOID A SECTION 21 EVICTION NOTICE AS A TENANT

How to Avoid a Section 21 Eviction Notice as a Tenant

How to Avoid a Section 21 Eviction Notice as a Tenant

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Facing a Section 21 eviction notice can be a daunting experience for any tenant. A Section 21 notice, often referred to as a "no-fault eviction," allows landlords to regain possession of their property without providing a specific reason. However, as a tenant, there are steps you can take to avoid or delay a Section 21 eviction notice. This article will explore the legal framework surrounding Section 21 evictions, the differences between Section 21 and Section 13 notices, and practical strategies to protect your tenancy.

Understanding Section 21 and Section 13 Notices


Before diving into how to avoid a Section 21 eviction notice, it’s essential to understand what it is and how it differs from a Section 13 notice.

What is a Section 21 Eviction Notice?


A Section 21 eviction notice is a legal tool used by landlords in England and Wales to evict tenants without providing a reason. This is why it’s often called a "no-fault eviction." Landlords can issue a Section 21 notice after the fixed term of the tenancy agreement has ended, provided they give at least two months' notice. However, there are specific legal requirements that landlords must meet to issue a valid Section 21 notice.

What is a Section 13 Notice?


A Section 13 notice, on the other hand, is used when a landlord wants to increase the rent of an assured shorthold tenancy (AST) agreement. Unlike a Section 21 notice, a Section 13 notice does not lead to eviction but allows landlords to propose a rent increase. Tenants have the right to challenge the proposed increase if they believe it is unfair.

Key Differences Between Section 21 and Section 13 Notices



  • Purpose: A Section 21 notice is used for eviction, while a Section 13 notice is used for rent increases.

  • Reason: Section 21 is a no-fault eviction, meaning the landlord does not need to provide a reason. Section 13 requires the landlord to justify the rent increase.

  • Tenant Rights: Tenants have more rights to challenge a Section 13 notice compared to a Section 21 notice.


How to Avoid a Section 21 Eviction Notice


While a Section 21 notice can be issued without cause, there are several ways tenants can protect themselves from being evicted under this provision.

1. Ensure Your Tenancy Agreement is Valid


A Section 21 notice is only valid if the tenancy agreement is legally sound. Here are some key points to check:

  • Deposit Protection: If you paid a deposit, your landlord must protect it in a government-approved tenancy deposit scheme (TDP) within 30 days of receiving it. If they fail to do so, the Section 21 notice may be invalid.

  • Right to Rent Checks: Landlords are required to conduct Right to Rent checks to ensure tenants have the legal right to live in the UK. If these checks were not done correctly, the Section 21 notice could be invalid.

  • Energy Performance Certificate (EPC): The property must have a valid EPC rating of at least E. If it doesn’t, the landlord cannot issue a valid Section 21 notice.

  • Gas Safety Certificate: Landlords must provide a valid Gas Safety Certificate before the tenancy starts and annually thereafter. Failure to do so can invalidate a Section 21 notice.


2. Check for Retaliatory Eviction


Retaliatory eviction occurs when a landlord issues a Section 21 notice in response to a tenant’s complaint about the property’s condition. If you believe your landlord is evicting you because you requested repairs or reported issues, you may have grounds to challenge the eviction.

  • Document Complaints: Keep a record of all communications with your landlord regarding repairs or maintenance issues.

  • Contact Local Authorities: If your landlord fails to address serious issues, you can report them to your local council. They may issue an improvement notice, which can prevent the landlord from issuing a Section 21 notice for six months.


3. Verify the Notice Period


A Section 21 notice must provide at least two months' notice. However, the notice period may be longer depending on the terms of your tenancy agreement or if the notice was issued during the COVID-19 pandemic when temporary rules were in place.

  • Check the Dates: Ensure the notice period is correctly calculated and that the landlord has given you the required amount of time.

  • Serve the Notice Correctly: The notice must be served in writing, and the landlord must use the correct form (Form 6A). If the notice is not served correctly, it may be invalid.


4. Challenge the Notice in Court


If you believe the Section 21 notice is invalid, you can challenge it in court. The court will review the notice and the circumstances surrounding it. If the notice is found to be invalid, the eviction will not proceed.

  • Seek Legal Advice: Consult with a solicitor or a housing charity to understand your rights and the strength of your case.

  • Gather Evidence: Collect all relevant documents, including your tenancy agreement, deposit protection certificate, and correspondence with your landlord.


5. Negotiate with Your Landlord


In some cases, it may be possible to negotiate with your landlord to avoid eviction. For example, if you’ve been a good tenant and have a positive relationship with your landlord, they may be willing to withdraw the Section 21 notice.

  • Offer to Sign a New Tenancy Agreement: If your fixed term has ended, you could propose signing a new agreement, which would reset the clock on a Section 21 notice.

  • Address Any Issues: If your landlord has concerns about your tenancy, such as rent arrears or property damage, address these issues promptly to show you’re willing to cooperate.


6. Stay Informed About Your Rights


Tenancy laws can change, and staying informed about your rights is crucial. For example, the UK government has proposed abolishing Section 21 evictions altogether, which would significantly impact tenants' rights.

  • Follow Housing News: Keep up to date with changes in housing law that could affect your tenancy.

  • Join a Tenants’ Union: Tenants’ unions can provide support, advice, and advocacy for renters facing eviction.


Conclusion


While a Section 21 eviction notice can be unsettling, tenants have several options to avoid or delay eviction. By ensuring your tenancy agreement is valid, checking for retaliatory eviction, verifying the notice period, challenging the notice in court, negotiating with your landlord, and staying informed about your rights, you can protect yourself from an unfair eviction. Remember, seeking legal advice is always a good step if you’re unsure about your situation. With the right knowledge and actions, you can navigate the complexities of Section 21 and Section 13 notices and secure your tenancy.

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