If you’ve received a Section 21 notice, you might be wondering what it means for your tenancy - and whether your landlord can change the locks straight away. The good news is they can’t. Landlords must follow a legal process before they’re allowed to evict tenants or make changes like switching locks. In this guide, we’ll break down everything you need to know about Section 21 notices, illegal eviction, and the situations where a landlord might have the right to change the locks.
What is a Section 21 notice?
A Section 21 notice, sometimes referred to as a 'no-fault eviction notice', is a legal tool used by landlords to regain possession of a property at the end of a tenancy. It doesn’t require the landlord to provide a specific reason for asking the tenant to leave, making it one of the most straightforward eviction methods. If the Section 21 is valid, the tenant is expected to leave the property by the specified date unless they negotiate an extension or challenge the notice in court.
Here’s what you need to know:
A Section 21 can only be used to terminate an assured shorthold tenancy (AST).
Landlords must provide tenants with at least two months’ notice.
Certain legal requirements must be met before a Section 21 is valid, including providing tenants with an up-to-date gas safety certificate, an energy performance certificate (EPC), and the How to Rent guide.
Can a landlord change the locks without notice?
No, a landlord cannot legally change the locks on a property without following proper legal procedures. Under UK law, tenants have the right to live peacefully in the property for the duration of their tenancy. Even if a tenant is behind on rent or has been served a Section 21 notice, landlords cannot take matters into their own hands by changing locks without permission. Changing locks without a court order or agreement from the tenant is considered illegal eviction, which is a criminal offence.
Can the locks be changed after a Section 21 is served?
Even after serving a Section 21 notice, a landlord cannot change the locks until they have followed the formal eviction process and obtained a court possession order. The steps typically include:
Serving a valid Section 21 notice: The landlord must give the tenant proper notice.
Applying for a possession order: If the tenant does not leave by the specified date, the landlord must apply to the court for an order of possession.
Enforcing the possession order: If the tenant still doesn’t leave after the court grants possession, the landlord must request bailiffs to remove the tenant.
Changing the locks before the bailiffs execute the court order is unlawful, and the tenant could sue for damages.
What constitutes illegal eviction?
Illegal eviction occurs when a landlord forcibly removes a tenant from their property without following the legal process. Common examples include:
Changing locks while the tenant is still living in the property.
Forcing the tenant out by intimidation or harassment.
Cutting off utilities like electricity or water to pressure the tenant into leaving.
Illegal eviction is a criminal offence in the UK, and landlords who break the law can face fines, imprisonment, or both. Tenants also have the right to claim compensation.
Times when it’s appropriate to change the locks
There are only a few circumstances where landlords are within their rights to change the locks:
Once the tenant has vacated the property: After the tenant has left voluntarily or been evicted by court order, the landlord can change the locks to secure the property.
If the tenancy agreement allows it: Some tenancy agreements include clauses stating that landlords can change locks if the tenant has abandoned the property. However, this must be handled carefully and legally.
For security reasons: If there’s an immediate security concern (e.g. the tenant has lost their keys), the landlord may change the locks, but they must provide the tenant with new keys promptly.
FAQs
Can a tenant change the locks without permission?
In general, tenants should not change locks without the landlord’s permission. However, if the tenancy agreement is silent on the issue, tenants may argue their right to privacy and security under the right to quiet enjoyment. If a tenant changes the locks, they should:
Notify the landlord
Provide the landlord with a spare key, unless there are specific security concerns (e.g., domestic abuse)
What happens if a tenant doesn’t move out after a Section 21?
If a tenant refuses to leave after the Section 21 notice period has ended, the landlord must apply to the court for a possession order. The court will assess the validity of the notice and, if valid, grant the landlord possession of the property. If the tenant still does not leave, the landlord can hire court-appointed bailiffs or High Court enforcement officers to carry out the eviction.
Can a landlord increase rent after a Section 21?
A Section 21 notice cannot be used to demand a rent increase. Raising the rent to pressure a tenant into leaving could be seen as harassment and is not legally allowed.
Final thoughts
While a Section 21 notice allows landlords to regain possession of their property, it doesn’t give them the authority to change the locks immediately. Landlords must follow the proper legal process, including obtaining a court order if the tenant does not leave voluntarily.
For tenants, understanding your rights is crucial if you’re served with a Section 21 notice. Whether you’re negotiating with your landlord or challenging the notice, knowing the rules can help you protect your home and avoid unnecessary disputes. By following the law, both landlords and tenants can ensure a fair and respectful end to a tenancy.
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References
Private renting from Gov.UK
Disclaimer: This article only provides general information and does not constitute professional advice. When in doubt, consult a qualified legal professional for help.
