Generation Rent has claimed in a blog that tenants can be ‘booted out’ at short notice by landlords via a Section 21 notice at the moment, with no ability to appeal it.  

“With courts reopening there is nothing to stop landlords from evicting tenants who have done nothing wrong,” it said yesterday.

Several landlords and legal experts have been in touch with LandlordZONE to point out that although they agree that the system of mandatory no-fault eviction needs to be reformed, they disagree with the housing charity’s assertion that tenants currently face evictions at short-notice.

Generation Rent’s blog omits to say that landlords starting new Section 21 evictions must currently wait six months to give notice before eviction proceedings can begin.

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And existing Section 21 possession proceedings face several hurdles before they can proceed, not least the huge backlog of cases currently caught up in the courts.

Nine-month wait

“Tenants given notice of a Section 21 eviction after August 29th have six months to find somewhere else to live before proceedings can go forward, on top of the month it would take to secure a possession order and another couple of months before a bailiff is found to undertake the eviction,” one legal commentator has told LandlordZONE.

Also, tenants served a Section 21 notice between March 26th and August 29th still have three months’ to find somewhere new to live under the Coronavirus Act 2020, rather than the usual two months’ notice.

Generation Rent argues that the current system of Section 21 evictions, once it returns in March, prevents private renters from enjoying a stable home.

In response, Generation Rent told LandlordZONE: “For tenants who were given a notice to quit before 29 August, they had three months’ notice and could be facing court action now.

“Tenants receiving a Section 21 notice now are entitled to six months’ notice, which is welcome, but the landlord still doesn’t need to give a reason and there’s nothing the tenant can do to stop the eviction.”

Read a guide to Section 21 evictions.

1 COMMENT

  1. The courts will be closed again soon anyway, with a new lockdown coming.
    Even without a new lockdown the virus could cause disruption.
    Landlords should be prepared for another year without the ability to evict.
    But maybe there will be some kind of Skype courts process that could allow for direct deduction of rent from benefit payments?

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