Little-known rule which means your landlord can evict you without any reason – and it’s completely legal
The number of tenants being evicted under Section 21 is rising - here are your rights
PRIVATE landlords are allowed to turf out tenants without any reason - and it’s completely legal.
The law - known as Section 21 - means a landlord can ask you to move out with two months notice, without needing a particular reason.
And record number of renters are being evicted from their homes under these terms.
More than 22,000 tenants in England were evicted in 2015, according to data collected for the Joseph Rountree Foundation earlier this year.
It shows an increase of third since 2003 and the highest level recorded.
More than 80 per cent of extra evictions were due to Section 21 notices.
While separate data from the latest English Housing Survey estimates that around 65,000 tenants a year move because their landlord made them.
Of these, the majority of landlords - around 63 per cent, up from 57 per cent in 2012/13 - wanted to sell or use the property.
But why are these types of evictions on the rise?
There a number of reasons. Firstly, changes to tax rules have made it less profitable for landlords, so it’s understandable that they may be looking for a way to get out.
There are other reason too. In 2016, research by Generation Rent found that rising house prices have fuelled no-fault evictions.
It claims that rising prices make landlords feel more confident to sell or find new tenants who will pay higher rent.
The research found for every 10 per cent increase in house prices, there was a 60 per cent increase in evictions.
RENT LORDS Landlords are refusing to rent home to tenants under the age of 35
So not only do rising house prices hurt renters’ chances of becoming homeowners, they make their current lives less stable.
Dan Wilson Craw, director of Generation Rent, said: “Increasing numbers of us have no choice but to rent from a private landlord, but this offers no certainty – the ability of landlords to evict without a reason means we have no idea if we’ll still be in the same home in a year’s time.
“If you pay rent on time every month and you get an eviction notice you have the same rights as someone who has been abusing their neighbours or wrecking their property: none.”
What are your rights as a renter?
Your landlord can evict you in two ways - using a section 21 notice, or a section 8 notice.
A section 21 notice allows your landlord to ask you to leave with two month’s notice, without needing a reason.
A section 8 notice can require you to move sooner, but can only be served if the landlord has a reason, such as you breaking the terms of your tenancy.
When should you report a problem?
YOUR landlord has certain responsibilities, we explain.
- Your landlord is responsible for carrying out certain repairs such as fixing problems with your water or central heating.
- Contact your landlord as soon as you notice a problem. If they don’t complete the repairs in a reasonable time, contact them again, setting out what you would like them to do. If this still doesn’t work, you could take your landlord to court or contact the council - get advice on the best option for your situation. If your tenancy started after 1 October 2015, you have extra protections in this situation.
- If your landlord tries to evict you for complaining about the state of the property, or you’re worried about asking for repairs, contact Citizens Advice.
“Your landlord has to give you notice if they want you to leave the property.”, Clare Cullen, housing expert at Citizens Advice said.
She added: “You shouldn’t be asked to leave before the end of a fixed term contract.
“They can also ask you to leave sooner if they have a specific reason - for example if you’ve breached the terms of your contract, such as not paying your rent or causing damage.”
New rules introduced in October 2015 have made it harder to evict you for reporting problems with the property.
If you’re asked to leave because you’ve asked for repairs then you should see advice immediately.
What do landlords say?
It is unlikely that a landlord will evict you unnecessarily as it costs them money too.
They claim that the overwhelming majority of tenancies are ended by tenants themselves, but there are times when it's because tenants fail to pay rent.
Richard Lambert, chief executive Officer at the National Landlords Association, said:
“The overwhelming majority of tenancies are ended by tenants themselves, but there are times when landlords will do so, usually as a result of unpaid rent.
What are your rights for finding a new home
If you receive an eviction notice and you’re not able to find a new home there are a number of things you can do.
- You might be able to challenge the eviction. If your landlord hasn’t given you enough notice for example, or didn’t put your deposit in a protection scheme, the eviction notice could be invalid. Your landlord would need to issue a new one.
- If you’re not able to challenge the eviction, and you can’t afford or find a new home you should contact your local council who may be able to offer help with moving costs or temporary accommodation.
- If you think you will need help from the council, it’s important that you don’t move out of the property until you have to or you may be classed as “intentionally homeless” and it will be harder to get help.
“The repossession process is both incredibly time-consuming and expensive, so it’s highly unlikely that a landlord would serve an eviction notice without a good reason.
“When we surveyed tenants, nine in ten said they had never received a notice from their landlord ending their tenancy without a reason.”
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