When renting out a property, there may come a time when a landlord wishes to regain possession. The law permits landlords to do so, but only if the correct legal procedures are followed. Failure to comply can lead to costly legal consequences. This guide on Section 21 Evictions: What Landlords Need to Know outlines landlords’ rights and the correct steps for eviction.
What is the difference between a Section 21 Notice and a Section 8 Notice?
In the UK, landlords seeking possession of their property typically rely on one of two legal notices :-
- Section 8 Notice – Used when a tenant has breached the terms of their Assured Shorthold Tenancy (AST), such as failing to pay rent.
- Section 21 Notice – Known as a ‘no-fault’ eviction, this allows landlords to regain possession without needing to prove any wrongdoing by the tenant.
This article focuses on the Section 21 procedure, as the government plans to abolish it in the coming months under the Renters’ Reform Bill. While this change will provide tenants with greater security by requiring landlords to justify evictions, it will also limit a landlords’ ability to reclaim their properties easily. Once abolished, landlords will need to rely on Section 8 notices which require specific grounds for eviction and often involve lengthy court proceedings, increasing costs and delays.
What is a Section 21 Eviction?
A Section 21 Notice is a formal legal notice that allows a landlord to end an Assured Shorthold Tenancy (AST) without giving a specific reason. It is typically used when a landlord simply wishes to regain possession of the property, even if the tenant has complied with all tenancy terms.
When served correctly, a Section 21 Notice provides a streamlined process for eviction, avoiding the need for a court hearing—provided the landlord has complied with all the mandatory requirements before serving S21 Notice.
Is My Section 21 Notice Valid?
Before serving a Section 21 Eviction Notice, landlords must meet several important conditions. Failure to comply with these will render the notice invalid, preventing the landlord from obtaining possession. Here are the key requirements:
1. Proper Notice Period
A Section 21 Notice must give the tenant at least two months’ notice to vacate the property. If the notice period is shorter than two months, it will be considered invalid.
2. Timing of Service
A Section 21 Notice cannot be served within the first four months of the original tenancy. If the tenancy is fixed-term, the notice can only take effect after the fixed term ends, unless there is a break clause in the agreement.
3. Use of the Correct Form
The notice must be given in writing and must use Form 6A, the prescribed format for Section 21 Notices. If a landlord issues a letter instead of using the official form, the notice may be deemed invalid unless it contains all the necessary information.
4. Correct Date and Address
The notice must state the correct service date and expiry date. It must also be accurately addressed to the tenant and include the full property address.
5. Deposit Protection Compliance
If the landlord took a security deposit, it must be protected in a government-approved deposit scheme. Also the tenant must have been provided with prescribed deposit protection information within 30 days of payment.
Failure to comply will invalidate the Section 21 Evictions Notice, and the landlord may face penalties of up to three times the deposit amount.
6. Provision of Other Documents
For a Section 21 notice to be valid, the landlord must have provided the tenant with the following prescribed documents, at the start of the tenancy :-
- The latest version of ‘How to Rent’ Guide
- A valid Gas Safety Certificate
- Energy Performance Certificate (EPC)
If these documents were not provided, the Section 21 Notice will not be deemed valid.
Blog: The Renters (Reform) Bill And What It Means For You
The Government are set to make significant changes to Section 21 (S.21) of the Housing Act 1988 in the UK, which are part of the broader reforms in the Renters (Reform) Bill. These updates are likely to dramatically change the way private renting works at present. With the change in government, it is unclear whether Labour intend to pass the Bill in its current form, or whether changes will be made before it is passed.
A blog by Navneet Bhatoa
What Happens After Serving a Section 21 Notice?
Once a valid Section 21 Notice has been served, the landlord must wait for the notice period to expire before taking further action. If the tenant does not vacate voluntarily, the landlord can apply for possession through the courts using the Accelerated Possession Procedure. The tenants have 14 days to challenge the application, from the date they receive the claim documents. After that date, the landlord can apply to court for possession and a judge will either :-
- Issue a possession order that states that the tenants must leave the property (this is normally the case) OR
- List a court hearing (this is only if paperwork is not in order or the tenants raise a defence)
Even if there’s a hearing, the court can still decide to issue a possession order. If the tenants are in an exceptionally difficult situation, the judge may give them up to 6 weeks to vacate the property.
What Does The Abolition of Section 21 Notice Mean For Landlords?
The UK government has proposed abolishing Section 21 Notices as part of the Renters’ Reform Bill. This marks a significant shift in tenant protection laws. Under the new rules:
- Landlords will no longer be able to evict tenants without providing a reason.
- All evictions must be based on specific legal grounds under Section 8, such as rent arrears or breach of tenancy agreements.
- Court hearings will be required, leading to longer eviction processes and increased legal costs for landlords.
Whilst these changes aim to provide tenants with greater security, they limit landlords’ flexibility in managing their properties. As a result, landlords should carefully review their existing tenancies and plan their long-term rental strategies.
A Section 21 eviction allows landlords to regain possession of their property without providing a specific reason, as long as the correct legal procedures are followed. The landlord must serve a Section 21 Notice (Form 6A) to the tenant, giving them at least two months’ notice to vacate. If the tenant does not leave voluntarily, the landlord may apply to the court for a possession order.
For a Section 21 Notice to be valid, landlords must:
1) Provide at least two months’ notice.
2) Not serve the notice within the first four months of a tenancy.
3) Use Form 6A (or include all required details in writing).
4) Ensure deposit protection compliance (if a deposit was taken).
5) Have provided tenants with an Energy Performance Certificate (EPC), Gas Safety Certificate, and the latest How to Rent guide.
Failure to meet these requirements can make the Section 21 evictions notice invalid.
The timeline for a Section 21 eviction varies, but typically:
The landlord serves the notice, giving at least two months for the tenant to leave. If the tenant stays, the landlord can apply to the court for possession, which can take several weeks. Should the court grant a possession order, the tenant usually has 14-28 days to vacate. If the tenant still refuses to leave, the landlord may need to request bailiffs, adding further delays.
Overall, the process can take anywhere from two to six months, depending on court backlogs and tenant responses.
If a tenant does not leave voluntarily, the landlord must apply to the court for a possession order using the Accelerated Possession Procedure. If the order is granted and the tenant still does not vacate, the landlord can request county court bailiffs to enforce the eviction. This process can take several weeks or months, depending on legal proceedings and court availability.
The Renters’ Reform Bill aims to abolish Section 21 evictions, meaning landlords will no longer be able to evict tenants without providing a valid legal reason. Instead, landlords will need to rely on Section 8 notices, which require specific grounds for eviction (e.g., rent arrears, breach of tenancy terms). This change is expected to make the eviction process more complex, requiring landlords to justify possession claims in court.
What Should Landlords Do Now?
With the imminent abolition of Section 21 Notices, landlords should:
- Assess their rental portfolio and determine if they need to regain possession before the law changes.
- Consider future tenancy agreements carefully, as eviction will become more complex.
- Seek legal advice on how to navigate tenancy terminations under the upcoming legal framework.
How Do I Regain Possession of my Property?
The ability to regain possession of rental properties is a crucial right for landlords but it comes with strict legal obligations. Section 21 evictions remains an option for now, but its abolition will significantly change how landlords handle tenancy terminations.
To avoid costly legal mistakes, landlords should ensure full compliance with the current regulations and prepare for the forthcoming changes. Seeking legal advice and staying informed about the latest property law developments will be key to successfully managing rental properties in the evolving legal landscape.
Find out more about how you as a landlord can regain possession of your property by visiting the Landlord and Tenant Disputes section of our website or you can call our dispute resolution solicitors in Yorkshire to discuss your situation further and to make an appointment.
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