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. In this guide, we'll walk you through:
What a Section 21 notice is
The legal process for serving and responding to an S21 notice
The protections available to tenants under UK law
How a solicitor can help
When is a Section 21 notice used?
A Section 21 notice is a legal process landlords can use to evict tenants without having to give a reason. For tenants, it provides a clear notice period to find a new place to live. Typically, Section 21 notices can be used to seek possession and evict tenants after a fixed term period has ended or during periodic tenancy.
End of fixed term: S.21 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 ask you to leave after that year is up.
Periodic tenancy: S.21 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?
When it comes to serving a Section 21, there are particular requirements landlords need to keep in mind, and that a solicitor can help with. When the correct procedures are not followed a landlord can be accused of unlawful eviction which has serious penalties including criminal charges and civil damages.
Some of the most important legal requirements include:
1. Notice periods
Landlords must follow strict notice periods when looking to gain possession of their property. As a landlord, you cannot serve a Section 21 notice in the first four months of a new tenancy, or before the fixed term outlined in the lease has passed. You must also give tenants at least two months’ notice so that they have time to find suitable accommodation before they need to move out.
2. Use of the correct form
Using the correct form is an important requirement. Using Form 6A is a legal requirement when serving an S. 21 notice. Alternatively, landlords can write their own Section 21 notice as long as it includes the same information as Form 6A.
3. Compliance with legal obligations
Before serving a notice, landlords must ensure that they comply with their legal obligations. You must protect the tenant’s deposit in a government-approved scheme and provide the tenant with required documents, including the How to Rent Guide, a copy of the Electrical Performance Certificate and Gas Safety Certificate.
4. Expiry and validity
Landlords should be aware that Section 21 notices expire after six months from the date they are served. This means they are only valid during this period and that court proceedings must be initiated in this timeframe to evict a tenant if they don’t leave voluntarily. If court proceedings are not started in this period, then the landlord must give the tenant new notice.
How to serve a Section 21 notice correctly
Once you have checked you comply with the relevant legal requirements, use the prescribed Form 6A. Then, send one copy of the notice to each tenant. It's 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.
Always keep copies of the notice and proof of service, such as a delivery receipt or a signed acknowledgement 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.
Valid section 21 serving methods
Serve in-person: This is usually the most fail-safe way of serving a Section 21 notice. If you live close to the address or have a management agent who can assist, the notice can be handed directly to the tenant. When the tenant isn’t at the property or refuses to acknowledge receipt of the notice, landlords can complete an N215 certificate of service.
Using recorded mail: To avoid disputes about whether the notice was served, or when it was served, landlords can use First Class or Recorded Mail to ensure there is a record of the postage being made.
Left at address: A landlord can leave the notice at the tenant’s property by posting it through the letterbox. A landlord can take a timestamped photo of the letter being posted as evidence, in case the tenant doesn’t receive it, or denies receiving it.
What rights and protections do tenants have?
Tenants need to understand their rights to continue living in a rented property when a landlord incorrectly serves a Section 21 notice.
1. Right to challenge the notice
Tenants have the right to challenge a Section 21 notice if they believe it is invalid. You can challenge your eviction when your landlord has failed to protect your deposit in a government-approved scheme, and when they haven’t provided you with a copy of essential documents (Energy Performance Certificate, Gas Certificate, How to Rent Guide).
2. Protection against retaliatory eviction
Additionally, if a landlord has attempted to evict you in retaliation to a complaint, you are protected under the Deregulation Act 2015, which prevents landlords from issuing a Section 21 notice in retaliation for a tenant reporting disrepair (broken heating, leaks) or health hazards (damp, mould). This is also known as a revenge eviction, and we’ve written a comprehensive guide on understanding revenge evictions for tenants and landlords.
3. Right to remain until court action
When a landlord has followed the correct process of serving a Section 21 notice, tenants should know that they have the right to remain until court action. Tenants are not legally required to vacate the property when a Section 21 notice is served. You can remain on your rented property until the landlord obtains a possession order from the court. If they fail to obtain one within 6 months of serving the Section 21 notice they must wait another six months before serving a further notice.
What should I do if I receive a Section 21 notice from my landlord?
First, review the Section 21 Notice to understand the reasons and timeline for eviction. 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.
Top tip: 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.
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.
It is then important to speak to your landlord about your concerns. 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.