What happens if a tenant has not moved out after a Section 21 notice has expired?

David Smith explains how landlords can check if a tenant has left the property at the end of a Section 21 notice and what happens if they have not departed.

[@hazeleyes3176]

Would have been more useful to describe what the actual possession process is. Title is a bit misleading.

[@amyyoshikawa7698]

Hi to David Smith I am in a bit so great situation with a current tenant that I am not happy with. My realtor is not on my side. I have given the renter a termination notice. Not sure if she is diligently looking for another place. I set her time to leave or vacate my room inside my home and property by July 18 th this was a month to month rental agreement. I will be speaking to someone else. Trying to stay calm and not get the tenant upset. Ok thankyou for the advice. I hope she will move out I lost my privacy. I regret renting this was instead of selling. My friends did warn me. I don’t feel like the boss or landlord. I have to live and learn from this rental experience.

[@richwatts]

Hi David - thank you very much for this video. It makes things very clear. I am trying to evict my tenant, this has been going on for over 4 months and we have served a section 21 to get him out. He has overstayed his tenancy agreement. The company who manages the house and a company called smart agent said we cannot proceed as the agents who rented the house for us did not register the deposit correctly. The tenant will not answer emails, letters or visits. So it seems that the tenant has so many rights and can even live as a virtual squatter in my house for free. I seem to have no options as he is playing games with not replying and paying fractional bits of rent. Is there anything i can actually do, or is it the case, as i have been told, that i can do nothing and a judge will throw this out of court because of the deposit. I would love to hear what you have to say. Many many thanks in advance.

[@propertytribes]

You need to ask your question on propertytribes.com as that is where David answers our community's questions.

[@neilrobinson5115]

That sounds like harassment to me

[@propertytribes]

David is one of the most experienced and highly regarded tenant and landlord law experts in the UK. He consults for the National Residential Landlords Association on legal issues.

[@devianadkar7969]

I actually thought it was very fair considering many landlords would just roll up and use keys.

[@neilrobinson5115]

Without court paperwork being issued the landlord can’t just roll up with keys

[@brookvr]

@@propertytribesDavid is giving false information what happens after section 21 expires

[@edsmith4433]

What about people who are struggling to find alternative accommodation after section 21? I received one of these notices, but struggling to get viewings. How long am I protected from eviction after the tenancy expires?

[@joannesaltfleet2071]

You don't have to leave until there's a bailiffs warrant and they come to the door and it takes ages to go to court so try not to worry.

[@mattiemclean9882]

@@joannesaltfleet2071 Thanks Joanne. I am in a situation where I have paid my rent on time (often a day or two early) and through no fault of my own have been served a sec 21 notice. I'm told this is because the property owner intends to sell. Whatever the reason, I have 3 weeks left until the leave date on the sec21. Is it really the case that I won't be slung out on that date? The agent/landlord has been visiting me every couple of weeks to ask if ive found somewhere to go yet. This tells me he is just hoping I will go so that he doesn't have to apply to the court......

[@joannesaltfleet2071]

@@mattiemclean9882 No you won't be slung out after the notice has expired just to reassure you. The only people who can throw you out are the court bailiffs and that takes ages through a legal process.

[@mattiemclean9882]

@@joannesaltfleet2071 Thank you so much!

[@joannesaltfleet2071]

Its infuriating and depressing isn't it struggling to get viewings!

[@truth4u551]

Lots of banging? Lots of bell ringing? Lots of shouting? That is poor advice! On the other end of that door is someone who could have children, elderly even youngsters with mental health problems and serious anxiety. Do not advice and encourage people to be intimidating. Let me educate landlords- if the tenant does not answer phone calls, messages, emails and letters (all which you can keep a log of for evidence that you have tried contact) you then are within your rights to seek a possession order from tbe court because the tenant does not have to reply or leave after the 2 months notice. If the tenant still does not leave after a possesion order then you finally need to arrange for bailiffs. Non of this requires banging on doors. Tenant has the right to quiet enjoyment. This method is the correct method and is called using the law and you must get your court paperwork in order. As a landlord you will NEVER have the right to force entry. Even a welfare check would require the landlord to be calling police/ambulance etc to be present. So follow the process and only the court bailiffs can do this for you. Period. Oh and use your keys take a look around?? 😮 Absolutely not. You would be trespassing. You can not do that even with giving notice of a visit 24 hours prior-this is because tenant STILL must agree to the visitation. The tenant is paying for that space therefore you need tenant's consent in writing so the tenant can not accuse you for trespassing. In my opinion this advice is very misleading. You do not take a look at someone else's meter reading and billing as that is just as bad as opening someone else's post/mail, also this is not the landlords concern either and is irrelevant. If you walk into a tenants property and the tenant catches you on an indoor camera or has a witness-you are the looking at police being called and harrasment. The police in UK PAY for locksmiths to change the locks for tenants saftey, if they feel harrased, worried for saftey or intimidated with breach of privacy. The tenant could accuse you of theft/damages to personal items etc I feel this is a very bias way of misguided advice. That's just my opinion which I am going to share given this is a youtube video.

[@gabriellemchenry769]

You need Get rid of that background frequency it had no warning before the audio assault began attacking my families hearing. We were looking for advice not an audio attack from Property Tribes. That Seriously hurt my head.

[@propertytribes]

There's nothing wrong with the audio on this video? Just listened to it back and couldn't hear any background frequency. If you experienced something different, then we can only apologise.

[@brookvr]

@@propertytribes😂

[@SpearofDestiny-c8y]

Hello David and many thanks. Please may I ask how does the situation vary when, as is the case now with my tenant, given 1 months notice in writing, furthermore confirmed to myself and Lettings Agent twice. But hasn't handed over the keys on the last day. Nor replies to calls texts emails. Can we assume correctly that she had gone?

[@suedesignerart]

In the UK a landlord has to give two months statutory notice to a tenant - the tenant only has to give one month

[@SpearofDestiny-c8y]

@@suedesignerart Your comment does not address or relate to my question. The tenant left, giving her 1 month notice. Not me evicting her!!

[@suedesignerart]

@@SpearofDestiny-c8y Oh, it doesn't read like that, apologies...(:o!

[@SpearofDestiny-c8y]

@@suedesignerart I fail to see how it might have been interpreted in any other way.

[@suedesignerart]

@@SpearofDestiny-c8y You said 'my tenant, given 1 months notice in writing' so grammatically, that implied that you'd given your tenant notice, you didn't say they 'gave' notice so it was misunderstood...read it again...anyway, does it really matter...?