What is a Section 21?

What is a Section 21? This is a question that we are often asked. A Section 21 is an official document that can be served to a tenant living in privately rented accommodation. One with a shorthold assured tenancy. Your landlord has the right to evict you if he wants his property back and can request this for any reason. But, you, as a tenant, have rights in accordance with your tenancy agreement. However, there is a legal process that landlords have to follow if they want to evict a tenant.

Serving a tenant, a Section 21 is the first step in what can be a long process. A Section 21 gives at least two months’ notice that they would like their property vacated. Please remember, the Section 21 notice is the first step in asking you to leave. You are not obliged to vacate the property on the expiry date of this notice.

We understand that if you are served a Section 21 notice it can be an extremely worrying and difficult time. There is a lot of help out there. In some cases, it’s possible to remain in the property long term, but this depends on individual circumstances.

First Point can provide you with help and support during this time. We can offer advice and guidance throughout the eviction process. This can either be via the telephone, drop-ins or by being allocated one of our support workers. Please, don’t hesitate to get in touch with us, even just for some general advice on the next steps. We are here to support you. You don’t have to be alone during this worrying time.

What happens if I don’t leave?

If you remain in your home by the expiry date on the Section 21, your landlord will have to apply to the courts for a warrant of eviction. A landlord cannot force you out of your home without these court eviction papers. This will give you more time to look for and secure alternative accommodation. Only the courts can order you to leave your property. First Point can support you through the court process.

If you are unsure of the tenancy type you have you can visit Shelter’s tenancy checker on their website.

If your landlord is asking you to leave without issuing the correct notice to do so, you should remain in your property and seek advice. You can call First Point, Shelter, or your local Housing Department for advice. The landlord needs to follow the correct legal procedures. It can feel threatening, and you can feel as if you are obliged to leave when your landlord is requesting this. But you have the right to remain in your home until ordered to leave by a judge.