Eviction Lawyers for Section 21 Eviction of Tenants

If you’re a landlord seeking to regain possession of a tenanted property then you must ensure that any eviction is made in accordance with the law.

Thankfully you can count on the expert legal advice and support of Mounteney Solicitors.

Established in 2005, we have experience in the handling of various tenant eviction cases. You can count on us for personalised support, based on your needs and expectations.

The quality of our service is reflected in the Google Business reviews that we’ve received, with clients commenting on our professionalism and attention to detail.

While our offices are located in Stockport and Cheshire, we promise a first-rate legal service for clients across England and Wales.

If you’d like further information about the laws surrounding tenant evictions then please give us a call on the number at the top of this page or fill out our online enquiry form.

What Is A Section 21 Eviction?

Application for a section 21 eviction is typically recommended for landlords wanting to remove tenants from rental accommodation.

Also referred to as a non-fault eviction, this will be the first step in giving formal notice of your intention to evict. It can be used for tenant eviction either after the conclusion of a fixed-term tenancy or during a periodic tenancy (with no fixed end date).

Tenants may only be evicted through section 21 provided that they’ve been allowed to serve a notice period of at least two months. Such notice may either be given in person or via recorded delivery, with the period beginning after the tenant’s receipt.

Evidence of the notice may be taken by either filling out the certification of notice form (N215) or writing “served by [your name] on [the date]” on the notice.

Mounteney Solicitors can support you in the drafting and serving of such a notice.

A section 21 notice will be legally binding, providing that:

• It applies to an assured shorthold tenancy (AST)
• It is in a written format
• The fixed term has expired (allowing for exemptions)
• The tenant has been given a copy of the Government’s “How to Rent – The Checklist for Renting in England
• The tenant has been given a current gas safety certificate for the property (where applicable).

What is the Section 21 Tenant Eviction Process?

To effectively carry out a Section 21 eviction, it is essential to have a comprehensive understanding of the legal requirements and procedural steps involved. At Mounteney Solicitors, we specialise in providing landlords with clear and concise guidance throughout this process. Here’s an in-depth look at each step involved in a Section 21 eviction.

Before issuing the notice, ensure that all necessary legal requirements are met. These include confirming that the property is rented under an Assured Shorthold Tenancy (AST), registering any security deposit with a government-approved tenancy deposit scheme, and providing the tenant with a valid Energy Performance Certificate (EPC), a current gas safety certificate, and the government’s “How to Rent” checklist.

Step 1 – Serve the Section 21 Notice

Once compliance is confirmed, serve the Section 21 notice. The notice must be in writing and specify the required notice period, which is a minimum of two months, with the period starting the day after the tenant receives the notice. Delivery can be done in person or through recorded delivery to ensure proof of receipt. Using Form 6A is advisable as it helps ensure all legal information is correctly included.

Step 2 – Wait for the Notice Period to Expire

After the notice is served, the landlord must wait for the notice period to expire. During this period, tenants are expected to vacate the property. If tenants leave during the notice period, landlords can regain possession without further legal action.

Step 3 – Apply for a Possession Order

If the tenant does not vacate the property by the end of the notice period, the landlord can then apply to the court for a possession order. This involves filing a claim at the county court, accurately including all required details and submitting it with the appropriate fee. The court reviews the application and schedules a hearing if necessary. Under the accelerated possession procedure, a hearing may not be necessary unless the tenant contests the eviction.

Step 4 – Court Hearing and Order

If a hearing occurs, both parties have the opportunity to present their case, and the judge decides whether to grant the possession order. If granted, the tenant will be given a date by which they must leave the property.

Step 5 – Enforcing the Possession Order

If the tenant still refuses to leave, the landlord can request the court to issue a warrant for eviction, allowing bailiffs to remove the tenant legally. It is essential to follow through with this process legally to avoid allegations of illegal eviction.

What if the Tenant Refuses the Eviction Notice?

If the tenant refuses to leave the property following the agreed notice period then you might have to apply to the county court for a possession order. An accelerated possession order may be made without the need for a court hearing.

If the possession order doesn’t prove effective then it might be necessary to make a court application for the services of a bailiff. You must follow the proper legal procedures and not attempt forcible removal of the tenant yourself.

You could face legal prosecution if you try to evict a tenant using these means:

• Changing the locks
• Barring access to some or all of the property
• Harassing the tenant
• Removing the tenant’s belongings from the property
• Attempting physical removal of the tenant.

The breach of such laws could result in you facing criminal charges, with the possession claim being invalidated and the tenant’s legal expenses having to be paid.

You should also be aware that Section 21 proceedings will only apply to English properties. Welsh eviction proceedings must be carried out under the updated Renting Home (Wales) Act of 2022.

What other Options do I Have?

It might still be possible to proceed with a tenant eviction even if you haven’t been able to satisfy all of the criteria set out in section 21. Mounteney Solicitors can be relied on for expert advice and guidance in such cases.

Tenants that have failed to pay the rent, engaged in antisocial behaviour or damaged the property may be served with notice of a section 8 possession. There will also be a case for eviction if the property needs extensive repair or demolition.

Mounteney Solicitors provide the following types of tenant eviction support:

• Advising on the most suitable course of action
• Preparing paperwork
• Drafting possession notices as per the law
• Acting as representatives in court, where required
• Ensuring that all relevant legal procedures are followed
• Representing in cases where illegal eviction has already occurred.

We’ll work closely with you to ensure the tenant eviction process goes as smoothly as possible, minimising the time taken to reach a conclusion that’s in your best interests.

The Section 21 eviction process usually takes about four to six months from the time the notice is served until the tenant is evicted. This timeline includes a two-month notice period, additional time for court proceedings if the tenant contests the eviction, and extra time for enforcing the possession order through bailiffs if necessary.

Delays may occur due to court backlogs or if the tenant challenges the eviction, making it crucial for landlords to consider these factors when planning to regain possession of their property. In cases of Section 21 eviction, our committed team of legal professionals will strive to manage your case with utmost efficiency and promptness.

How Much will it Cost?

We charge a fixed fee of £125 + VAT for the processing of section 8 and section 21 notices. A standard charge of £250 + VAT = £300 will be made for cases requiring the checking of remaining tenancy documents in terms of suitability for possession

No matter how much support you need, Mounteney Solicitors promise to deliver advice and services that are unsurpassed in the legal sector. Committed to a polite and smart approach, we will do everything within our scope to ensure a positive legal resolution.

If you’d like further information about our section 21 eviction services then please call 0161 440 0131 or email 0161 439 1596.

If you find yourself in need of legal guidance in the process of serving section 21 tenant eviction, Mounteney Solicitors should be your first point of contact.

As a highly regarded Law Firm in Cheshire, we take great pride in delivering the finest legal support to our clients. We believe that transparent pricing in our landlord legal services is essential for building trust and ensuring that our clients are fully informed every step of the way.

We understand that such matters can be highly sensitive and stressful, and our goal is to alleviate any concerns you may have by offering empathetic and practical solutions.

We have offices in Bramhall, Cheadle and Heald Green. We serve clients throughout the Stockport and Manchester area including Altrincham, Hazel Grove, Poynton, Wilmslow and Sale. Recognising your busy schedule, we offer virtual consultations for your convenience.

Contact Mounteney Solicitors today and take the first step towards resolving your section 21 tenant eviction issue. With our expertise and commitment to excellence, you can trust us to guide you through this challenging situation effectively and efficiently.