Section 21 eviction
How long a section 21 eviction takes
You don't have to leave when a section 21 notice ends.
Your landlord must apply to court if they still want you to leave. Only bailiffs can carry out a legal eviction.
You can't be evicted by bailiffs between 17 November and 11 January if your landlord used section 21.
The courts will continue to process cases during lockdown. It's important to read any letters from the court and attend the hearing if there is one.
Get advice during this time
You may be able to get free legal advice with all stages of the process.
You can also ask your council for help before your landlord starts court action.
The council must help if you can't afford to stay in your home, or if the date on your section 21 notice is less than 8 weeks away.
Time for each stage of the process
There are 3 main steps to a section 21 eviction.
1. Notice period
The total time for this stage depends on when you received your notice.
Notice periods have been temporarily extended because of coronavirus.
|When you were given notice||Minimum notice period|
|On or after 29 August 2020||6 months|
|Between 26 March and 28 August 2020||3 months|
|Before 26 March 2020||2 months|
2. Court action by your landlord
The total time for the court process could vary from a few weeks to several months.
It could take longer than before the coronavirus outbreak depending on:
- how busy the court is
- if a hearing is needed
- the reasons for eviction
- how quickly your landlord acts
Your landlord must start court action within 3 to 4 months of the date on the notice, depending when you got your notice.
The notice is no longer valid if they don't apply to court within this time.
Your landlord can also apply to restart a case that was on hold. You will get a 'reactivation notice' if this happens.
How long until the court looks at your case
Courts are dealing with some cases before others. You may be closer to a decision on your case if any of the following apply:
- you got a valid notice before 29 August
- your landlord uses the accelerated procedure
- your landlord started court action before or during the eviction ban
- you have serious rent arrears or are being evicted because of antisocial behaviour
The court must make a possession order if the section 21 notice is valid.
Always return your defence form if your landlord uses the 'accelerated procedure' as there won't automatically be a hearing.
The defence form is your chance to tell the court anything they should know. For example, if your section 21 notice is invalid.
3. Eviction by bailiffs
The date for possession is set in the court order.
It's usually 2 to 6 weeks after the order is made. It's not the same as an eviction date.
If you don't leave by the date for possession, your landlord can ask bailiffs to carry out the eviction.
The total time for this stage will vary depending on:
- the type of bailiffs used
- how busy the bailiffs are
Most landlords use county court bailiffs but they might use high court bailiffs, also known as high court enforcement officers (HCEOs).
Before the coronavirus outbreak it took around 7-10 weeks on average from a landlord applying for county court bailiffs until the eviction date.
It could be much quicker than this if your landlord uses high court enforcement.
Bailiffs and HCEOs must give you at least 2 weeks' notice of the eviction date.
Last updated 18 November 2020 | © Shelter
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