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Do this when your landlord serves you a Section 2 eviction notice!

Dec 28, 2023

Zerodip
Zerodip

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Do this when your landlord serves you a Section 2 eviction notice!

There is a never-ending need for housing. Either by desire for economic gains or by obligations, people have played the role of property providers, whether they are selling or renting out. When renting out is the case, there is the birth of a relationship known as the landlord-tenant relationship. This relationship lasts for a period of time, after which the landlord takes steps to recover his property. However, not all landlords take the legal route to recover their property.

For a landlord to successfully recover his property, he is required to serve notice of eviction on the tenant.

This is known as a Section 2 eviction notice.

 

What is a Section 2 Eviction Notice?

Section 2 of the Recovery of Premises Act gives landlords rights to recover their properties from their tenants. However, the landlord must serve their tenants with a quit notice as little as 7 days prior.

The law also makes it possible for the landlord to be sued and made liable for damages if he “resorts to self-help to evict a tenant who is in lawful occupation of the property.”

If your landlord has served you an eviction notice, here are some possible actions you can take:

 

1. Check if the Section 2 Notice is valid.

The validity of the eviction notice must be established for the eviction to hold. The notice is not valid if:

a. It is a fixed-term tenancy; a fixed-term tenancy has a clearly defined tenure. This means that it will last for a specified number of months or years.

If on the agreement of tenancy it is stated that the tenure lasts 2 years and starts on January 1, 2024, then it means it will expire on December 31, 2026.

b. Check to see if the landlord has adhered to the Section 2 law's required notice period if the tenancy is not a fixed-term arrangement.

The length of notice is very important, as it can invalidate the eviction notice.

We spoke with Solicitor Caleb Peters, who stated that the landlord must give at least 6 months notice before attempting to evict a tenant from his property.

Peters said, “The landlord can decide to evict for any reason, including the need to repurpose the house, sell it, or rent it to another person. However, they cannot send you out just like that without sufficient notice. They must give you at least six months notice, and even after that, they are required to give an additional seven days notice.”

The Section 2 Notice backs Peters’ assertion. It states that if the agreement does not especially state a given notice period, the following periods shall be given:

  • In the case of a monthly tenancy, then one month of notice must be given.
  • In the case of one-quarter tenancy, then one-quarter notice must be given.
  • In the case of a one-year tenancy, six months of notice must be given.

 

2. Enter into negotiations with the landlord.

Find out why the landlord wants to terminate the tenancy. He may give an excuse for needing to renovate. That is often the most quoted reason landlords give when evicting.

If you wish to stay beyond the notice period or to extend your tenancy, you may want to enter into negotiations with the landlord.

If you believe that the notice period will not be sufficient for your move out of the property, then ask for more time.

 

3. Go to Court!

Magistrate Courts and High Courts have been vested with the jurisdiction to entertain matters regarding land recovery.

If you believe that the landlord is in error to have given you an eviction notice, you can run down your tenure without leaving and allow the landlord to take you to court.

The landlord can only take you to court if any of the following grounds have been satisfied:

  • You have arrears of rent.
  • Breach of covenant expressly stated in the agreement
  • There are substantial repairs to be done on the property.

 

If the court finds that the landlord defaulted by serving a defective notice, then the eviction is invalidated, and the relationship between the landlord and tenant continues. The court will then strike out the suit.

If the landlord gets a victory in court, you may be required to vacate the property or pay compensation to the landlord.

 

4. Leave Voluntarily

You can decide to move on your own accord. It is totally up to you; however, you must be aware that the landlord may not refund you for the months that are remaining on your agreement.

 

If, for example, you leave three months to the end of your tenure, then you forfeit the claim on the rent for those months.

 

 

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We try to make sure that the information here is accurate at the time of publishing. But the property market moves fast and some information may now be out of date. Zerodip accepts no responsibility or liability for any decisions you make based on the information provided. Graphics and images used here are for information purposes - we do not have ownership right over them.

Do this when your landlord serves you a Section 2 eviction notice!

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