Tenant eviction notice (Section 21)

A Section 21 tenant eviction notice is the first step taken by the landlord to start the eviction process. The landlord will tell the tenant how much notice they have to vacate the property before a possession order is given. 

A section 21 tenant eviction notice gets its name from the section of the Act of Parliament that created it. When a landlord decides to use a Section 21 notice, they don’t have to give any reason for asking the tenant to leave, making it a quicker and easier route for the landlord to take.

This blog will provide a comprehensive guide to the tenant eviction notice under Section 21 and will explore the rights tenants have when facing eviction.

Understanding the tenant eviction notice (Section 21)

A Section 21 notice is a formal notification used by landlords in England and Wales to regain possession of their rental property. It is often referred to as a “no-fault” tenant eviction notice because landlords do not need to provide a reason for the eviction, unlike other types of eviction notices. The Section 21 notice is governed by the Housing Act of 1988, and its primary purpose is to allow landlords to end an assured shorthold tenancy (AST) either at the end of a fixed term or during a periodic tenancy with the proper notice period.

The Housing Act of 1988 introduced the concept of the assured shorthold tenant (AST). It was a new type of tenancy that aimed to give landlords more protection and control over renting their properties out. Before this concept was introduced, it wasn’t easy for landlords to reclaim possession of their properties, even after the fixed term of a lease had expired.

The Housing Act of 1996 later amended the original 1988 Act, making the AST the default form of tenancy for all new residential tenancies, unless specifically agreed otherwise. This legislative framework aimed to balance the rights and responsibilities of both landlords and tenants to ensure that landlords could efficiently manage their properties while tenants enjoyed security of tenure.

While a Section 21 notice allows landlords to reclaim their property without stating a specific reason, it is useful to differentiate it from other types of eviction notices, particularly the Section 8 notice.

Key differences between a section 21 and a section 8 tenant eviction notice:

• Reason for Eviction: Section 21 does not require a reason, whereas Section 8 requires specific grounds.
• Notice Period: Section 21 typically requires a two-month notice period, while Section 8 varies based on the grounds.
• Court Proceedings: For Section 21, if the tenant does not vacate after the notice period, the landlord can apply for an accelerated possession order. For Section 8, the landlord must prove the grounds for eviction in court.

Understanding these distinctions is helpful for landlords to choose the appropriate legal route when seeking possession of their property and for tenants to be aware of their rights and potential defences.

When can a landlord use a Section 21 tenant eviction notice, and when can’t they?

A landlord can use a Section 21 tenant eviction notice in the following circumstances:

Fixed-term tenancy

A landlord can use a Section 21 tenant eviction notice in fixed-term tenancies to end a fixed-term tenancy at the end of its term. The notice must specify that the tenant should vacate the property after the fixed term expires. The notice can also be served during the fixed term but cannot require possession before the fixed term ends.

Periodic Tenancies

For periodic tenancies (tenancies that continue on a rolling basis after the fixed term has expired), a Section 21 notice can be issued at any time, provided the correct notice period is given.

The landlord must have a valid assured shorthold tenancy (AST) agreement in place. The terms of the tenancy agreement must be adhered to by both the landlord and the tenant.

A landlord can’t use a Section 21 tenant eviction notice in the following circumstances:

Retaliatory notice

A Section 21 notice can’t be used for a retaliatory notice. The Deregulation Act of 2015 introduced measures to prevent retaliatory evictions. Suppose a tenant has made a legitimate complaint about the property’s condition. Then the local authority has served an improvement notice or emergency remedial action notice. In that case, a Section 21 notice cannot be issued for six months.

The Deregulation Act 2015 also reinforced the need for compliance by providing an EPC, a gas safety certificate. As well as a  “How to Rent” guide. Failure to provide these documents can invalidate a Section 21 notice.

Houses in multiple occupations

Additionally, for properties requiring a licence (e.g., houses in multiple occupations or properties in selective licensing areas), the appropriate licence must be obtained before a Section 21 notice can be served.

Notice Period

A Section 21 notice cannot be served during the first four months of the initial tenancy. This rule ensures tenants have a minimum period of security in their accommodation. The notice must give the tenant at least two months to vacate the property. If the tenancy is periodic, the notice period should match the rental period (e.g., one month for monthly tenancies). However, it cannot be less than two months.

Understanding these conditions ensures landlords issue Section 21 notices in compliance with legal requirements, minimising the risk of invalid notices and potential disputes with tenants.

How to serve a Section 21 tenant eviction notice

If you are a landlord thinking about serving a Section 21 tenant eviction notice, it is important to ensure that you follow the right steps to protect both yourself and your tenant. Firstly, landlords must use Form 6A to issue a Section 21 notice. This ensures that the required information and legal wording are correct. The notice must clearly state that it is given under Section 21 of the Housing Act 1988. Plus, it must inform the tenant of the required possession date.

Once you have written the notice, there are various methods of delivery from which you can choose. From hand delivery and postal delivery to electronic delivery. It will depend on your tenant and your relationship with the tenant as to how you choose to deliver the notice. It is important to ensure you receive proof of service, which can be done in one of the following ways:

Hand Delivery Proof

• Take a witness who can attest to the delivery.
• Request that the tenant sign a receipt of the notice.

Postal delivery proof

• Obtain a certificate of posting from the post office.
• For recorded delivery, keep the tracking number and delivery confirmation.

Electronic Delivery Proof

• Request a written receipt or acknowledgement from the tenant.
• Keep a copy of the sent email and any responses.

Following these detailed steps helps ensure that the Section 21 notice is valid and enforceable. This reduces the likelihood of legal challenges and facilitating a smoother eviction process.

Eviction rights for tenants

Upon receiving a Section 21 tenant eviction notice, there are several eviction rights for tenants that include the following:

Standard Notice Period

Tenants are entitled to a minimum of two months’ notice to vacate the property. This period allows tenants sufficient time to find alternative accommodation and make necessary arrangements.

Periodic Tenancies

If the tenancy is periodic (e.g., rolling month-to-month after a fixed term), the notice period should align with the rental period but still cannot be less than two months.

Validity of the Notice

Tenants have the right to challenge the validity of the Section 21 notice. They can do this if the notice does not comply with legal requirements. For example, if there are incorrect dates, missing information, or improper service.

Retaliatory Evictions

Tenants can challenge the notice if they believe it is a retaliatory eviction. Especially if they have made legitimate complaints about the condition of the property and the local authority has taken action against the landlord.

Licensing and Documentation

If the property requires a licence (e.g., House in Multiple Occupations) and the landlord has not obtained it, the tenant can challenge the notice.

Tenants can also challenge the notice if the landlord has not provided the required documents. These can include the Energy Performance Certificate (EPC), Gas Safety Certificate, or the “How to Rent” guide.

Understanding eviction rights for tenants upon receiving a Section 21 notice empowers tenants to make informed decisions and take appropriate actions to protect their interests.

Common challenges and how to overcome them

There can be various challenges that landlords might face when it comes to issuing a Section 21 tenant eviction notice. It is important to ensure you have correctly issued a Section 21 notice. To avoid any invalid notices and stalling the eviction process any further.

There is always the possibility of tenant disputes and unwanted legal challenges if the process is not dealt with effectively. By following the advice outlined in this blog, you can ensure best practice and compliance. It is important, however, to note that this is advice. We recommend seeking legal advice if you are considering issuing a Section 21 eviction notice. 

As a landlord, it is important to understand and comply with Section 21 when issuing a tenant eviction notice and to seek professional advice where needed. Remember, evictions can be difficult for both the landlord and the tenant. If you would like to protect your property with landlord insurance, get in contact with our team today.