Private property: Rights of a tenant under the law
‘SECTION 21 NOTICE ENABLES LANDLORDS TO EVICT OCCUPANT WITHOUT A REASON’
TENANTS in England and Wales have faced a turbulent time over the last year and a half. Those who were facing eviction were granted several reprieves when the UK government enacted its eviction ban on March 25, 2020.
As we return to normality, we will see what are the rights tenants have?
Tenants have certain rights under the law. These include living in a property that is in a good state of repair and is safe. They have the right to challenge excessively high charges – for example, if the rent is higher than the market value or they are charged fees for reference checks and administration. Tenants should also be able to live in the property undisturbed and have their deposit returned when the tenancy ends.
Tenants are also protected from unfair rent and unfair eviction and have a right to know who their landlord is. The tenancy agreement (a contract between the tenant and his/her landlord) should be fair and comply with the law.
In return, a tenant must pay the agreed rent (even if in a dispute with the landlord), pay other charges as agreed with the landlord, take good care of the property and only sublet the property if the tenancy agreement or the landlord allows it. Why could I get evicted? If a tenant doesn’t meet their responsibilities within the tenancy agreement, then a landlord has the right to take legal action to evict you from the property.
Eviction notice periods vary in England and Wales. In England, you must be given at least two months’ notice. In Wales, almost all cases require a six-month notice period. Due to the coronavirus pandemic, if you were served notice during the lockdowns, your notice period can be as long as six months. However, this should be checked on the UK government’s website.
At the end of the notice period, if you have still not left the property, your landlord must apply for a possession order. If they are granted a possession order and you still do not vacate, then they must apply for a warrant for possession – meaning that bailiffs can evict you from the property.
If your occupancy is under an assured shorthold tenancy (AST) – where the property is private, your main accommodation and the landlord doesn’t live in the home – then you could be evicted via a section 21 notice – commonly known as a ‘no-fault’ eviction.
The government has pledged to abolish so-called ‘no-fault’ evictions, as they enable landlords to evict tenants without a legal requirement to provide an appropriate justification.
Under current law, landlords must only prove that the correct procedure has been followed and the appropriate notice period given. Section 21 is one of the leading causes of family homelessness in the UK. In April 2021, a survey by Generation Rent found that 694,000 (8 per cent) of private renters were served a section 21 notice.
In addition, because of the absence of legal aid support and the high number of legal advice deserts, many are unable to obtain the legal advice they need to enforce their rights. This creates an inequality of power between landlords and tenants. Access to justice should be available equally to both sides. There are fears the current legislation has led to so-called ‘retaliatory evictions.’ This may arise where a tenant has raised concerns a landlord has failed to comply with their own legal obligations. What you should do?
If you’ve been served a section 21 notice, the first thing to check is that it is
valid. If it isn’t, you could challenge it and be able to stay in your home. If you were served your section 21 notice on or after October 1, 2021, you should be given two months’ notice.
If your notice was served between March 26, 2020 and September 30, 2021, then you must check how much notice your landlord should give you, as special rules were enacted in response to the pandemic.
Unless your landlord has gone to court to get a possession order and an eviction warrant, they can’t make you leave your home. It is an illegal eviction if they force you to leave before this.
It is important that you don’t leave your home before the date on your section 21 notice if you have not found somewhere new to live. Your local council may be able to find somewhere else for you to live or help you stay in your home.
If you feel you are being unfairly evicted, then it is best to seek specialist legal advice from a housing lawyer.
Lubna Shuja is the vice-president of the Law Society of England and Wales. She will become the first Asian president in October 2022 and the seventh female president when she takes office. 1. The Law Society: www.lawsociety.org.uk/ public/for-public-visitors/ Find a Solicitor: The Law Society: https:// solicitors.lawsociety.org.uk/?Pro=True