Salford Citizens Advice

Private sector tenants and evictions:

The special rules protecting private sector tenants – most of whom are Assured Shorthold tenants, during the Covid pandemic, will come to end this month. Over the last months the courts have not been granting permission for bailiffs to make evictions. This is changing:

  • A section 21 notice must give at least 6 months' notice at the moment.
  • From 1 June, a section 21 notice must give at least 4 months' notice.
  • Your landlord can only apply to court after the notice period ends.
  • Bailiffs can carry out section 21 evictions from 1 June. You will get at least 2 weeks' notice of eviction from the bailiffs.

There is a backlog of cases and the eviction process takes time.

A section 21 notice starts the legal process to end an assured shorthold tenancy. Most private renters have this type of tenancy.

If your landlord tries to evict you without going to court first, it could be an illegal eviction. Seek advice!

(If you live with your landlord then you are probably a lodger, and this does not apply.)

The section 21 notice must be on Form 6A.

Your landlord doesn't need to give a reason for wanting you to leave.
But they must follow certain rules if they want to give you a section 21. For example, protect your deposit and give you a gas safety certificate.

Notice periods have been temporarily extended because of coronavirus.

Section 21 notices received before 26 March 2020 are no longer valid unless your landlord started court action within 4 months of the date on the notice.

Court Action: Your landlord can apply for a possession order if you stay past the date on the notice.

They could also apply to restart a case that has been put on hold during coronavirus. You will get a 'reactivation notice' if this happens.

There may not be a hearing if your landlord uses the 'accelerated procedure' so it's important to return your defence form.

A judge decides if a hearing is needed by looking at the information, they have from both you and your landlord.

The court can only stop an eviction if there's a problem with the section 21 notice.

If you need advice about a threatened eviction, and live in Salford, then call us on 0808 27 87 802. Our specialist private sector housing adviser will be able to check whether the notice has been drafted properly, or to give advice about an illegal eviction. We can also give you advice about what your rights are if you are evicted.


Tom Togher

May 2021.