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Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
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I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
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:
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.
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:
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.
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.
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.
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.
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.
Tenants need to understand their rights to continue living in a rented property when a landlord incorrectly serves a Section 21 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).
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.
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.
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.
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.
If a tenant does not leave the property by its expiry date, a landlord must obtain a possession order to remove them from the property. Accelerated possession proceedings can be used to evict tenants when a tenant hasn’t left by the date specified in a Section 21 notice, and a landlord is not claiming rent arrears.
If the tenant doesn’t contest the notice, which can help speed up the eviction process without a court hearing, landlords can apply for an accelerated possession order. If the tenant still refuses to move out after the possession order is granted, bailiff enforcement can be used through a warrant of possession to evict a tenant.
Landlords can use Section 21 notices even when the tenant has followed the terms of their lease and done nothing wrong. On the other hand, Section 8 notices can only be used when tenants breach the terms of their lease. If the tenant is persistently late with rent, owes more than two months’ rent, or has breached the tenancy in another way, landlords can use Section 8 notices.
Yes, landlords can serve a Section 8 and Section 21 notice at the same time. They are often served simultaneously when a tenant is in arrears and a landlord wants to recover debt and possession at the same time. Serving both at the same time forces a tenant to pay their debt and move out.
Abolishing Section 21 was part of the Conservative government’s manifesto in 2019, and has been adopted by the current serving Labour party that has plans to abolish it. It has not yet been abolished the government has stated that this will remain the case until work has been done to improve the court system.
The total cost of serving a Section 21 Notice and filing a claim for possession can range from a few hundred to a few thousand pounds, depending on whether you use legal services and the complexity of the case. For serving the notice, if you hire a solicitor to draft and serve the notice, fees can range from £100 to £300.*
There are three main categories of fees faced by those involved in Section 21 notices:
*Prices correct at time of writing
Our team of dedicated experts are experts in landlord and tenant law. If you need advice with a Section 21 claim, we're here to help.
Understanding the legal requirements for serving and responding to a Section 21 notice to ensure compliance with UK law is essential for landlords and tenants. Landlords must follow the correct legal process for serving a valid Section 21 notice, and tenants should know their rights to ensure they are not evicted unlawfully.
Landlords and tenants involved in Section 21 disputes can seek legal advice from Lawhive to protect their rights and ensure the process is handled correctly. Get in touch with our Section 21 notice solicitors now to book your free case assessment.
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