Section 21 eviction

Section 21 eviction process

Coronavirus update

The courts are dealing with evictions again.

Your landlord must still apply for an order to evict you. There is a backlog of cases and the eviction process takes time.

Your landlord must follow eviction rules. This page tells you about the process.

You can't be evicted by bailiffs between 17 November and 11 January if your landlord used section 21.

It's an illegal eviction if you're forced to leave without the legal process being followed.

Your tenancy rights and responsibilities continue throughout the legal eviction process. You should continue to pay rent during this time.

1. Notice

The section 21 notice must be on Form 6A.

Your landlord doesn't need to give a reason for wanting you to leave.

But they must follow certain rules if they want to give you a section 21. For example, protect your deposit and give you a gas safety certificate.

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

Your landlord can apply for a possession order if you stay past the date on the notice.

They could also apply to restart a case that was on hold due to the pause on evictions. You get a 'reactivation notice' if this happens.

There may not be a hearing if your landlord uses the 'accelerated procedure' so it's important to return your defence form.

A judge decides if a hearing is needed by looking at the information they have from both you and your landlord.

The court can only stop an eviction if there's a problem with the section 21 notice.

Find out more about the court process.

You may qualify for free legal advice.

3. Bailiffs

Only court bailiffs can evict you from your home.

Your landlord can apply for bailiffs if you stay in your home past the date on a possession order. They might use either:

  • county court bailiffs
  • high court enforcement officers

The bailiffs must give you at least 2 weeks' notice of the eviction date.

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. Get advice if you've had a letter from the bailiffs with an eviction date.

Last updated 18 November 2020 | © Shelter

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