section 21 eviction process

If you are a tenant who has been served with an eviction notice, it’s important to know the process that landlords must complete if they want you to move out of the property. Section 21 notices are governed by Trespass to Property Act and can be given on two conditions: if the tenancy is periodic and a notice was given in the correct form at some point during the tenancy; or if your landlord has grounds for possession as specified by s.21 of TPA (i.e. you have not paid rent).

A Section 21 notice is just that, a notice. It does not immediately mean you will be evicted, nor does it mean that your landlord is entitled to possession of the property. It is merely a notice about the consequences of not leaving the property when the time comes to move out.

Section 21 notices are normally served after a tenant refuses to pay the rent, or breaks other terms of the tenancy agreement. For instance if they leave unpaid rent at the end of their tenancy, they will be in breach of their tenancy agreement. If they break any of the other terms then they may have to leave and apply for a new tenancy with a fresh landlord. The section 21 notice is designed to give tenants more time to pay up, or clean up the property.

Section 21 notices do not have to be served until the end of a tenancy, and your landlord may use one if they find you in breach before the end date too. Section 21 notices must also be given at least 2 months before the start of the next period. In practice that means it is best not to serve a section 21 notice until your tenancy ends, unless you have already received another valid section 21 notice or believe there is an immediate need for possession.

Once a notice has been given, it is for the tenant to leave the property, or otherwise vacate at the end of their period. Failure to do so may result in a fine or court action (although not when the tenant is in financial hardship).

Here are some tips for landlords who want to give their tenants a section 21 notice.

  1. Make sure the tenant owes rent

To give a valid section 21 notice you must be in breach of the contract, and this must be rent payments. If you have broken another term of the tenancy agreement then your landlord will need to give you another notice in accordance with their terms of tenancy.

  1. Make sure you have a section 21 ground

To give a valid section 21 notice on the grounds of not paying rent, or breaking other terms of the tenancy agreement, your landlord must have a ground for possession. They can only do this on two occasions: if you owed rent at the start of your tenancy, or a validly served section 21 notice was given and you did not move out of the property by the date specified in that notice.

  1. The section 21 notice must be served in the correct form

The form of a section 21 notice is set out in Schedule 2 of the Trespass to Property Act 1977. If you are unsure about whether it has been served properly, you can contact the Civil Law Project at to see if they can help you interpret it. They will also be able to advise you on your eviction rights during this process and what actions you can take if your landlord breaks the correct procedures.

  1. Make sure you give at least two months’ notice

The notice must be given at least 2 months before the end of your tenancy, or you will not be able to register as a landlord on a new property. If you do not have enough time, your landlord may seek an extension from the court.

business & services Debt Law

firm of debt collections

Uncollected financial debt was almost certainly the only common problem during the financial crisis. It has made the world realize that Mass Debt has many commercial debt collection agencies during this period. The debt collection business seems to be here to stay and joining the organization now could be more profitable. If you are considering setting up your own business in this market, here are some guidelines that you should fully understand.

Know the laws and commercial policies.

Business debt companies must understand the policies imposed by an elected state. Some states may not allow a debt collection company to call a potential debtor multiple times while collecting a financial debt. Other states may have strict laws and regulations on business debt income and may regulate communications between the business and the debtor.

Knowing the policies explained is essential to create your company. Debt collection business owners would respond to complaints if their business practice is questioned. Landlords are also the most likely to pacify consumers who could be prosecuted. Understanding these laws and their effective practice can prevent you from getting complaints and legal problems, so it’s best to get the data you need now.

Knowing the system

The business of debt collection can be managed in two ways: commission and “debt purchase.” A debt collection business can work for the credit card business, for example, and receive a commission based on the amount of debt or the amount of financial debt that they ended up collecting. With this method, your business could be the third party in collecting credit card debt. You can work for a certain company and get compensation according to your performance.

“Buying debt” implies a debt collection company that can “buy” unpaid debts from a company. This practice involves a company that has outstanding debts to “sell” them at reduced value to a debt company. Debt collection will likely take place later through the collection company, where this company can raise much more money by collecting the full amount of the financial debt.

Find suitable business relationships

Business debt income, like any other organization, must have relationships to gain recognition. Your state or city may have regional organizing groups involved in this market, so it is best to examine these groups and think about joining them. Becoming an associate member of a leading business group can provide potential consumers with a sense of security that your business is reputable and compliant with the laws.

You can also search for commercial purchasing organizations that recognize you as their participant. This recognition could further increase the popularity of your company, as many people trust buying organizations looking for organizations. Just make sure you work well with the associations and submit the required documents. Membership selection generally takes time and the faster you apply, the faster organizations can start verifying your application.

Running a commercial debt collection business isn’t a free business at all, but by adhering to these methods, you’re already dealing with some of the most critical issues. To learn more about these types of businesses, be sure to search for lots of additional materials and check government websites to find out how you will obtain the necessary permits.

business & services Law

Eviction order – The court eviction process

The process of evicting tenants is important to learn. Here you will learn the steps to followed. You will find out what the various types of Warning to Stop are. You will learn how to send the notification properly. You will know when to file your eviction complaint with your local court. And you will learn the biggest mistake that people make.

The following are the different notices:

Notice to pay or stop – is used when your tenant does not pay the rent. Most states require that you provide a final rental requirement before requesting eviction. If your tenant pays rent and late fees before the notice expires, no further action is necessary.

Stop Notice – used when your tenant violates your rental agreement or lease for something other than rent. An example would be that your tenants modified their rental property without your approval under your license agreement.

Eviction order – used when you do not wish to renew the lease or contract with your tenant at the time of termination. Most states require 30 or 60 days of written notice.

Eviction process:

Each state has different deadlines for the different types of “Notice of Termination”. You must read state lease laws to justify this. Most states require written notice to be given to the tenant and, if they are not available, you can often give it to another adult on the property. I will deliver the notification and also send the notification by registered letter so that I can receive a receipt in court, if necessary. It is important that you serve your tenants properly, or this can delay the eviction process. Again, you need to read your state’s rental laws about your requirements.

After the Notice of Termination has been sent to your tenant, they must respond to you within the notice period and resolve the issue. If they do not do so before the deadline, the day after the notification period, you can file your eviction complaint with your local state court. That is most often found in a small claims court within your lease district.

If your tenant does not respond to the court, the court will usually order a standard eviction sentence in your favor. If your tenant responds to the court before the deadline and can bring a case, the court will arrange a formal hearing. If the court decides to evict the tenant during the hearing, you will usually receive a sentence and a warrant. Their names change slightly from state to state. Once you have the trial and possession order, you can take them to the local sheriff. They will then post a notice of time at your tenant’s front door for them to release or be forcibly removed.

One of the biggest mistakes that landlords make is waiting too long to give the tenant a “Notice to Leave”. As you can see, the eviction process can be very long. The sooner you start the process, the better it will be financially in the end.


By following this process of evicting a tenant and approving an owner, you will know what notice to attend to your tenant on. You will know how to send the notification properly. You will know when to file your eviction complaint with your local court. You will know what to expect after filing the complaint. And finally, you’ll know how important it is to read your state’s lease laws to adjust the entire eviction process.