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Section 21 eviction notice


Hi,
I am unable to find the answer on the portal.
Would anyone know whether;
- Landlords are still using section 21 to evict the tenants?
- Are they still being processed in court?
- 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
-
Yes it can still be used.
Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.2 -
rina1973 said:
Hi,
I am unable to find the answer on the portal.
Would anyone know whether;
- Landlords are still using section 21 to evict the tenants?
- Are they still being processed in court?
- 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.
5 -
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 eviction3
-
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...
2 -
MattMattMattUK said:rina1973 said:
Hi,
I am unable to find the answer on the portal.
Would anyone know whether;
- Landlords are still using section 21 to evict the tenants?
- Are they still being processed in court?
- 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.
0 -
rina1973 said:MattMattMattUK said:rina1973 said:
Hi,
I am unable to find the answer on the portal.
Would anyone know whether;
- Landlords are still using section 21 to evict the tenants?
- Are they still being processed in court?
- 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.
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.4 -
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.2
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