WHAT IS A SECTION 21 EVICTION NOTICE?

What Is a Section 21 Eviction Notice?

What Is a Section 21 Eviction Notice?

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A Section 21 eviction notice is a legal process in England and Wales that allows landlords to regain possession of their property from assured shorthold tenants (ASTs) without providing a reason. Often referred to as a "no-fault eviction," this notice is a key tool for landlords but has specific legal requirements that must be followed.


If you're a landlord or tenant, understanding how first4 landlord advice works is crucial. This guide explains everything you need to know, including when it can be used, how it’s served, and recent legal changes.



When Can a Landlord Issue a Section 21 Eviction Notice?


A landlord can issue a Section 21 notice under the following conditions:





  1. The tenancy is an Assured Shorthold Tenancy (AST) – Most private rentals in England and Wales fall under this category.




  2. The fixed term has ended (or there’s a break clause) – A Section 21 cannot be used during the first four months of a tenancy.




  3. The deposit is protected – Landlords must place the tenant’s deposit in a government-approved scheme and provide prescribed information.




  4. The property is licensed (if required) – In cases where the property is a House in Multiple Occupation (HMO) or requires selective licensing.




  5. The tenant has received an Energy Performance Certificate (EPC) and Gas Safety Certificate – These must be provided at the start of the tenancy.




  6. The correct notice period is given – Currently, landlords must provide at least two months’ notice.




If any of these conditions are not met, the Section 21 notice may be invalid, and the landlord could face legal challenges.



How to Serve a Section 21 Notice


Landlords must follow strict procedures when issuing a Section 21 eviction notice:



1. Use the Correct Form




  • In England, landlords must use Form 6A.




  • In Wales, the equivalent is a Section 21 notice under the Renting Homes (Wales) Act 2016.




2. Provide the Required Documents


Before serving a Section 21 notice, landlords must have given tenants:





  • A valid Gas Safety Certificate (if applicable).




  • A copy of the Energy Performance Certificate (EPC).




  • The How to Rent Guide (England only).




3. Give Proper Notice




  • The minimum notice period is two months (unless the tenancy agreement specifies a longer period).




  • The notice cannot expire before the end of the fixed term.




4. Serve the Notice Correctly


The notice can be served:





  • In person (with proof of delivery).




  • By post (recorded delivery is recommended).




  • By email (if the tenancy agreement allows it).




If the tenant does not leave by the specified date, the landlord must apply for a possession order through the courts.



Tenant Rights: Can You Challenge a Section 21 Notice?


Tenants can dispute a Section 21 eviction notice if:
✅ The notice is not correctly filled out (e.g., wrong form or missing information).
✅ The deposit was not protected in a government-approved scheme.
✅ The landlord did not provide required documents (EPC, Gas Safety Certificate, etc.).
✅ The property is in disrepair, and the landlord failed to address complaints.
✅ The notice was served during the fixed term without a break clause.


If any of these apply, tenants can defend against eviction in court.



Recent Changes to Section 21 Notices


The UK government has proposed abolishing Section 21 evictions as part of the Renters’ Reform Bill. However, as of 2024, they remain in force. Recent changes include:





  • Extended notice periods (temporary changes during COVID-19 have since reverted to two months).




  • Retaliatory eviction protections – Landlords cannot evict tenants who complain about poor conditions.




  • Mandatory electrical safety checks – Required every five years for rental properties.




Landlords should stay updated on legal changes to avoid invalidating their Section 21 notice.



Section 21 vs. Section 8 Eviction Notice


Unlike a Section 21 notice, a Section 8 notice is used when a tenant has breached the tenancy agreement (e.g., rent arrears, anti-social behaviour). Key differences:


































Feature Section 21 Notice Section 8 Notice
Reason Required? No (no-fault eviction) Yes (specific grounds)
Notice Period 2 months 2 weeks to 2 months (depends on grounds)
Court Process Required if tenant refuses to leave Required if tenant disputes the claim
Deposit Protection Must be compliant Not directly linked


Landlords should choose the correct notice based on their situation.



First4Landlords Advice on Section 21 Notices


For landlords, First4Landlords recommends:
✔ Check compliance – Ensure deposits are protected and documents are provided.
✔ Use the correct form – Form 6A in England, Welsh equivalent in Wales.
✔ Keep records – Proof of service is essential if the case goes to court.
✔ Seek legal advice – If unsure, consult a solicitor or eviction specialist.


For tenants:
✔ Verify the notice – Check if it’s valid before taking action.
✔ Seek help – Organisations like Citizens Advice or Shelter can assist.
✔ Negotiate – If facing eviction, discuss options with the landlord.



Conclusion


A Section 21 eviction notice is a powerful tool for landlords but comes with strict legal requirements. Both landlords and tenants must understand their rights and obligations to avoid disputes.


With potential reforms on the horizon, staying informed is crucial. Whether you're a landlord issuing a Section 21 notice or a tenant receiving one, knowing the rules ensures a smoother process.


For expert guidance, First4Landlords provides essential advice for landlords navigating eviction procedures. Always seek professional legal support if in doubt.


 

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