A Section 21 Notice is a legal document used by landlords in England and Wales to evict tenants from a rental property in an Assured Shorthold Tenancy (AST) without needing to give a specific reason. It's often called a "no-fault eviction" because the landlord doesn't have to prove that the tenant did anything wrong.
At Lawhive, we specialise in helping both landlords and tenants deal with Section 21 Notices. Our team works hard to make sure that all legal requirements are met so that the notice is valid and fair.
So, if you need help with a Section 21 Notice, whether you are a landlord or a tenant, contact Lawhive today. We are committed to providing clear, straightforward advice to support you throughout the process.
What is a Section 21 Notice, and when is it used?
A Section 21 Notice is a formal written notice that tells the tenant they need to leave the rental property. It must follow certain rules to be valid, such as being in the correct format and giving the tenant at least two months’ notice.
A Section 21 Notice is important for landlords, as it offers them a way to regain possession of their property without having to prove any fault on the tenant’s part.
For tenants, it provides a clear notice period to find a new place to live.
When is a Section 21 Notice used?
End of Fixed Term
It can be used to end an assured shorthold tenancy (AST) after the fixed term period has ended. For example, if you have a one-year lease, the landlord can use a Section 21 Notice to ask you to leave after that year is up.
Periodic Tenancy
It can also be used during a periodic tenancy, which is when your lease has expired and you are staying on a month-to-month basis.
What are the legal requirements for a valid Section 21 Notice?
To ensure a Section 21 Notice is valid, it can only be used after the fixed term of an assured shorthold tenancy (AST) has ended or during a periodic tenancy. The notice must also be written using the correct legal format, which includes all necessary information clearly stated.
The tenant must be given at least two months' notice to leave the property. The notice period should end on the last day of a rental period, but recent changes mean it can be flexible in certain situations.
It's also important that the tenant’s deposit is protected in a government-approved tenancy deposit scheme. The landlord must provide the tenant with information about the scheme.
And due diligence is super important here - the landlord must make sure they have given the tenant a valid Energy Performance Certificate, and Gas Safety Certificate for the property before they moved in and annually thereafter. They must also have given the tenant the newest version of the government's "How to Rent guide".
Plus, if the tenant has made a valid complaint about the condition of the property and the local council has served an improvement or emergency remedial action notice because they are the landlord's responsibilities, the landlord cannot use a Section 21 Notice for six months from the date of that notice.
If the landlord does not do the above, it could be deemed as an illegal eviction.
How do I properly serve a Section 21 Notice to my tenant?
As a landlord, serving a Section 21 Notice correctly is important so that the eviction process is valid and legally compliant.
Once you have checked you comply with the legal requirements we spoke about earlier, use the prescribed Form 6A for the Section 21 Notice to make sure it includes all required information.
Remember, you can only serve a Section 21 Notice after the fixed term of the tenancy has ended or during a periodic tenancy and you must give your tenant at least two months' notice.
It is always best to deliver the notice to the tenant in person as you can be sure they have received it and you can confirm the date of delivery. Or, if you can't do this, send the notice via recorded delivery, as this provides proof that the notice was sent and received by the tenant.
Always keep copies of the notice and proof of service, such as a delivery receipt or a signed acknowledgment from the tenant and maintain all documentation related to the tenancy, including the EPC, Gas Safety Certificate, How to Rent guide, and deposit protection information.
If you are unsure about any part of the process, seek legal advice to avoid potential pitfalls and ensure everything is done correctly.
What should I do if I receive a Section 21 Notice from my landlord?
Receiving a Section 21 Notice from your landlord can be understandably stressful, but it's important to understand your rights and the steps you can take.
So first, review the Section 21 Notice to understand the reasons and timeline for eviction. It should give you at least two months' notice to leave the property.
Ensure the notice complies with legal requirements - it needs to be in the correct format, and your deposit should be protected in a government-approved scheme. You should also have received an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the "How to Rent" guide.
Check the dates are correct and the information provided in the notice is accurate - the notice must end on the last day of a rental period.
Once you have done all of this, talk to your landlord to clarify any questions and discuss your options. Sometimes, misunderstandings can be resolved through communication. And, if you need more time to find a new place, you might be able to negotiate an extension with your landlord.
Begin searching for a new place to live as soon as possible. The two-month notice period can pass quickly, so it's important to start early. If you're having trouble finding a new home, contact local housing authorities or support organisations for help.
Next, organise your move to ensure you leave the property by the specified date. This includes arranging for movers and notifying utilities and service providers of your change of address. Don't forget to document the condition of the property and the inventory to ensure you get your deposit back.
Remember that your landlord cannot forcibly evict you without following the correct legal process. If you believe the eviction is illegal, seek legal help immediately.
At Lawhive, we are committed to helping tenants understand and protect their rights. If you receive a Section 21 Notice, our team can provide the expert advice and support you need to navigate this situation.
How can I challenge an invalid or unfair Section 21 Notice?
If you believe that the Section 21 Notice you've received is invalid or unfair collect all relevant documents, such as your tenancy agreement, correspondence with your landlord, and proof of deposit protection.
If there are maintenance issues or other reasons you believe the notice is unfair, gather evidence such as photos, videos, and records of complaints. If your landlord has failed to address any significant maintenance issues or other legal requirements, report the situation to your local council. The council can inspect the property and, if necessary, take enforcement action against the landlord.
It is then important to speak to your landlord about your concerns. Sometimes, issues can be resolved through open communication and negotiation. If you believe the notice is invalid, you can ask your landlord to withdraw it and issue a new one that complies with the legal requirements.
If your landlord refuses to withdraw the invalid notice, you can file a complaint with the appropriate housing tribunal or court. The court may rule the notice invalid, allowing you to remain in the property, or the court may require the landlord to address any legal deficiencies before reissuing the notice.
It's important to get professional legal advice to assess the validity of the notice and explore your options. A solicitor can help you understand your rights and the best way to proceed.
What are the grounds for issuing a Section 21 Notice?
A Section 21 Notice is a "no-fault" eviction notice used by landlords in England and Wales to regain possession of a rental property.
The key grounds for issuing a Section 21 Notice are:
End of Fixed Term
The tenancy’s fixed term has ended, and the landlord wishes to take back the property.
Periodic Tenancy
The tenancy is rolling on a periodic (month-to-month) basis, and the landlord wants to end it.
Proper Notice Period
The landlord must give the tenant at least two months’ notice.
Legal Compliance
The landlord must have complied with all legal requirements, including protecting the tenant's deposit in a government-approved scheme, providing an Energy Performance Certificate (EPC), a Gas Safety Certificate, and the "How to Rent" guide.
How long is the notice period for a Section 21 Notice?
The notice period for a Section 21 Notice is at least two months. This means landlords must give tenants at least two months' notice before they are required to leave the rental property.
What happens if a tenant does not leave after the Section 21 notice period?
If a tenant does not leave after the Section 21 notice period, the landlord must apply to the court for a possession order to legally evict the tenant.
You will have to fill out the application form online, and pay £391 to do so.
If the tenant still does not leave after the court grants the possession order, the landlord can request bailiffs to enforce the eviction.
Can a landlord issue a Section 21 Notice during a fixed-term tenancy?
No, a landlord cannot issue a Section 21 Notice during a fixed-term tenancy. The notice can only be issued to end the tenancy after the fixed term has expired or during a periodic tenancy (month-to-month).