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Section 21 eviction notice

rina1973
rina1973 Posts: 15
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edited 7 December 2023 at 3:08PM in House buying, renting & selling

Hi,

I am unable to find the answer on the portal.

Would anyone know whether;

  1. Landlords are still using section 21 to evict the tenants?
  2. Are they still being processed in court?
  3. Apart from not using the correct procedure, is there any other reason the judge would refuse section 21?

There has been talks for a long time that section 21 will be abolished and I am afraid to apply for it in case judges are refusing them because of all the media attention in the past 2 years.

Thank you in advance for replying.

Comments

  • Mr.Generous
    Mr.Generous Posts: 3,262
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    Yes it can still be used.
  • km1500
    km1500 Posts: 2,120
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    yes they are still available and provided the landlord has followed all the necessarily rules and procedures and the tenancy is not still within the fixed term then the judge has no discretion and must grant the eviction
  • theartfullodger
    theartfullodger Posts: 14,368
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    edited 7 December 2023 at 3:51PM
    An S21 notice is NOT an eviction notice.  It is a notice that landlord may (or may not...) take the matter to court.

    As Thatcher said in her 1988 Housing Act a landlord cannot evict just on his own.  He needs court (order) then bailiffs/Hceo.  (Section 5 IIRC).

    Many landlords do not even take it to court.

    Many (MANY!) S21 Notices are invalid and may fail in court.

    Done any training in landlord/tenant law please?  Usually much cheaper than the alternative...



  • rina1973
    rina1973 Posts: 15
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    rina1973 said:

    Hi,

    I am unable to find the answer on the portal.

    Would anyone know whether;

    1. Landlords are still using section 21 to evict the tenants?
    2. Are they still being processed in court?
    3. Apart from not using the correct procedure, is there any other reason the judge would refuse section 21?

    There has been talks for a long time that section 21 will be abolished and I am afraid to apply for it in case judges are refusing them because of all the media attention in the past 2 years.

    Thank you in advance for replying.

    Judges cannot refuse to follow the law because part of the media has a tantrum, if they made up the law as they went along they would not be remain a judge for very long. 
    Judges are human beings too and their working policies may easily get influenced by external factors.  
  • Alderbank
    Alderbank Posts: 2,684
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    edited 7 December 2023 at 5:18PM
    rina1973 said:
    rina1973 said:

    Hi,

    I am unable to find the answer on the portal.

    Would anyone know whether;

    1. Landlords are still using section 21 to evict the tenants?
    2. Are they still being processed in court?
    3. Apart from not using the correct procedure, is there any other reason the judge would refuse section 21?

    There has been talks for a long time that section 21 will be abolished and I am afraid to apply for it in case judges are refusing them because of all the media attention in the past 2 years.

    Thank you in advance for replying.

    Judges cannot refuse to follow the law because part of the media has a tantrum, if they made up the law as they went along they would not be remain a judge for very long. 
    Judges are human beings too and their working policies may easily get influenced by external factors.  
    Judges are bound by the wording of the law and any precedents.
    Sometimes the law is not drafted clearly and also there are always cases not foreseen by the original legislators. Judges say that in those cases they interpret what Parliament actually meant. You and I might say they make something up to fit. Their version is not just accepted, it can be challenged in a higher court. If it is upheld by the appellate court that extra bit is added to the law as a precedent and must be considered in future cases.

    It's not just random.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 976
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    edited 10 December 2023 at 1:38PM
    Check that you can issue a valid section 21 and then issue it. It’s really not that complicated. There is no defence a tenant can put forward to stop a valid section 21 and judges can’t just make the law up as they go along. The law is clear, providing you’ve dotted all the i’s and crossed all the t’s the court must award the possession order. 

    As Artful has pointed out, a section 21 does not end the tenancy. That can only be done by the tenant or a court as has always been the case for AST which I can’t see changing any time soon. 
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