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Three misunderstanding about tenants rights when a section 21 notice is served on them

This post is more than 12 years old

May 16, 2013 by Tessa Shepperson

Section 21 noticeThere are quite a few misunderstandings about tenants rights and what tenants are or are not entitled to do when a section 21 notice is served on them.

Here are the three most common ones:

1. The section 21 notice will end the tenancy

Actually it doesn’t.  The tenancy will carry on after the expiry of the notice.

What the notice means is that if the landlord then goes to court, the Judge MUST (assuming the paperwork is correct) grant an order for possession.

2. The tenant must move out at the end of the notice period

No!  The tenant has the right to stay in the property until evicted by the court.

The Protection from Eviction Act 1977 makes it clear that tenants can only be evicted after a court order for possession has been granted AND only by the court bailiffs (ie if the tenants fail to move out voluntarily).

So they do not have to move out.

3. The tenant does not have to carry on paying rent

This is rather an optimistic view held by some tenants which is COMPLETELY unfounded. Of course tenants must pay their rent!

The fact that that landlord has asked them to leave does not mean that they are suddenly entitled to live in the property rent free.

So what should a tenant do if they have a section 21 notice served on them?

  • Check to see if their deposit has been protected – if it has not, the notice will probably be invalid
  • Speak to the landlord.  Does the landlord actually want you to go?  Often these notices are served as a precautionary measure and the landlord does not actually want the tenants to leave
  • Get legal advice.  If the notice is incorrectly drafted it will probably be invalid
  • If the landlord has confirmed he wants you to go and if the notice is correctly drafted – start looking for somewhere else to live.  Or if you are eligible for re-housing – speak to the homelessness officer at your Local Authority.

Note that if your landlord has actually issued possession proceedings – you may find my guide here helpful.

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Filed Under: Tenants Tagged With: notice, Section 21

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.
Please read our terms of use and comments policy. Comments close after three months

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The purpose of this blog is to provide information, comment and discussion.

Please, when reading, always check the date of the post. Be careful about reading older posts as the law may have changed since they were written.

Note that although we may, from time to time, give helpful comments to readers’ questions, these can only be based on the information given by the reader in his or her comment, which may not contain all material facts.

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