WHAT HAPPENS IF A TENANT REFUSES TO LEAVE AFTER A SECTION 21 NOTICE EXPIRES?

What happens if a tenant refuses to leave after a Section 21 notice expires?

What happens if a tenant refuses to leave after a Section 21 notice expires?

Blog Article

A Section 21 eviction notice is a legal tool used by landlords in England and Wales to regain possession of their property from assured shorthold tenants (ASTs) without providing a specific reason. While this process is straightforward in theory, complications can arise if a tenant refuses to leave after the notice period expires. This article explores the steps involved, the legal process, and the rights and responsibilities of both landlords and tenants in such situations.

Understanding the Section 21 Eviction Notice


Before diving into what happens when a tenant refuses to leave, it’s important to understand the basics of a Section 21 notice:

  1. No-Fault Eviction: A Section 21 notice is often referred to as a "no-fault" eviction because the landlord does not need to prove any wrongdoing by the tenant, such as rent arrears or property damage.

  2. Notice Period: The landlord must provide at least two months' notice, and the notice must be in writing. The exact notice period may vary depending on the terms of the tenancy agreement and any changes in legislation.

  3. Legal Requirements: For a Section 21 notice to be valid, the landlord must meet certain legal obligations, such as protecting the tenant’s deposit in a government-approved scheme and providing the tenant with required documents (e.g., an Energy Performance Certificate and a current Gas Safety Certificate).


What Happens If the Tenant Refuses to Leave?


If the tenant does not vacate the property by the end of the Section 21 notice period, the landlord cannot forcibly remove the tenant or change the locks. Doing so would constitute an illegal eviction, which is a criminal offense. Instead, the landlord must follow the proper legal process to regain possession of the property.

Step 1: Apply for a Possession Order


If the tenant refuses to leave, the landlord must apply to the court for a possession order. This is a legal document that orders the tenant to vacate the property. The process involves:

  • Filing a Claim: The landlord submits a claim to the county court, providing evidence that the Section 21 notice was served correctly and that the notice period has expired.

  • Court Fees: The landlord must pay a court fee to file the claim. As of 2023, the fee is £355 for a paper application or £250 for an online application.

  • Court Hearing: In most cases, the court will schedule a hearing. However, if the tenant does not dispute the claim, the court may issue a possession order without a hearing.


Step 2: Obtaining a Possession Order


There are two types of possession orders the court may issue:

  1. Standard Possession Order: If the tenant does not leave by the date specified in the possession order, the landlord can take further action.

  2. Accelerated Possession Order: If the landlord uses the accelerated possession procedure (which is faster and does not require a hearing), the court will issue an order if all the legal requirements are met.


Step 3: Applying for a Warrant for Possession


If the tenant still refuses to leave after the possession order is issued, the landlord must apply for a warrant for possession. This involves:

  • Requesting a Warrant: The landlord applies to the court for a warrant, which authorizes bailiffs to evict the tenant.

  • Bailiff Fees: The landlord must pay a fee for the bailiff service, typically around £121.

  • Eviction Date: The court will set a date for the bailiffs to visit the property and remove the tenant.


Step 4: The Eviction


On the scheduled date, bailiffs will arrive at the property to carry out the eviction. The tenant is legally required to leave the property at this stage. If the tenant refuses, the bailiffs have the authority to remove them and their belongings.

Tenant’s Rights and Defenses


While the Section 21 process is designed to be straightforward, tenants have certain rights and may be able to challenge the eviction in some circumstances. Common defenses include:

  1. Invalid Notice: If the Section 21 notice was not served correctly or the landlord failed to meet legal requirements (e.g., protecting the deposit or providing required documents), the tenant can challenge the eviction.

  2. Retaliatory Eviction: If the tenant believes the eviction is in retaliation for making a complaint about the property (e.g., requesting repairs), they may have grounds to dispute the notice.

  3. Discrimination: If the tenant believes the eviction is based on discrimination (e.g., due to race, gender, or disability), they can raise this as a defense.

  4. Recent Rent Payments: In some cases, if the tenant pays the rent arrears or resolves the issue that led to the eviction notice, the court may dismiss the claim.


Landlord’s Responsibilities


Landlords must follow the legal process carefully to avoid accusations of illegal eviction or harassment. Key responsibilities include:

  1. Proper Notice: Ensure the Section 21 notice is served correctly and provides the required notice period.

  2. Legal Compliance: Meet all legal obligations, such as protecting the tenant’s deposit and providing necessary documents.

  3. Avoid Harassment: Do not attempt to force the tenant out through intimidation, changing locks, or cutting off utilities.

  4. Court Process: Follow the court process diligently and avoid taking matters into your own hands.


Consequences of Illegal Eviction


If a landlord attempts to evict a tenant without following the proper legal process, they could face serious consequences, including:

  • Criminal Charges: Illegal eviction is a criminal offense under the Protection from Eviction Act 1977.

  • Fines and Compensation: The court may order the landlord to pay fines or compensation to the tenant.

  • Reputational Damage: Landlords who engage in illegal practices may face reputational damage and difficulty finding future tenants.


Tips for Tenants Facing a Section 21 Eviction


If you are a tenant who has received a Section 21 notice, here are some steps you can take:

  1. Check the Validity of the Notice: Ensure the notice was served correctly and that the landlord has met all legal requirements.

  2. Seek Legal Advice: Contact a solicitor or a housing charity (e.g., Shelter or Citizens Advice) for guidance.

  3. Negotiate with the Landlord: In some cases, you may be able to negotiate an extension or alternative arrangements.

  4. Prepare for Moving: Start looking for alternative accommodation to avoid being left without a place to live.


Conclusion


A Section 21 eviction notice is a powerful tool for landlords, but it must be used correctly and in compliance with the law. If a tenant refuses to leave after the notice period expires, the landlord must follow the legal process to regain possession. Tenants, on the other hand, have rights and defenses that they can use to challenge an eviction if necessary. Both parties should seek legal advice to ensure their rights are protected and the process is handled fairly.

By understanding the legal framework and following the proper procedures, landlords and tenants can navigate the complexities of Section 21 evictions with minimal conflict and stress.

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