SECTION 21 EVICTION NOTICE: A STEP-BY-STEP GUIDE FOR LANDLORDS

Section 21 Eviction Notice: A Step-by-Step Guide for Landlords

Section 21 Eviction Notice: A Step-by-Step Guide for Landlords

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Evicting a tenant is never an easy process, but sometimes it becomes necessary for landlords to regain possession of their property. In the UK, one of the most common methods for eviction is through a Section 21 notice, often referred to as a "no-fault" eviction. This guide will walk you through the process of issuing a Section 21 eviction notice, explain how it differs from a Section 13 eviction, and provide essential tips to ensure the process is handled legally and efficiently.

What is a Section 21 Eviction Notice?


A Section 21 eviction notice is a legal tool available to landlords in England and Wales to regain possession of their property without providing a specific reason. Unlike a Section 8 notice, which requires grounds such as rent arrears or property damage, a Section 21 notice allows landlords to evict tenants after their fixed-term tenancy agreement has ended or during a periodic tenancy.

This type of eviction is often referred to as a "no-fault" eviction because the landlord does not need to prove any wrongdoing on the tenant's part. However, landlords must follow strict legal procedures to ensure the eviction is valid.

When Can a Landlord Use a Section 21 Notice?


Before issuing a Section 21 eviction notice, landlords must ensure they meet the following conditions:

  1. The Tenancy is an Assured Shorthold Tenancy (AST): Section 21 applies only to ASTs, which are the most common type of tenancy in the UK.

  2. The Fixed Term Has Ended: A Section 21 notice cannot be used during the fixed term of a tenancy unless there is a break clause in the agreement.

  3. The Deposit is Protected: If the tenant paid a deposit, it must be protected in a government-approved scheme, and the tenant must have received the prescribed information about the deposit.

  4. The Property is Licensed (if required): In some areas, landlords must obtain a license to rent out their property. Failure to do so can invalidate a Section 21 notice.

  5. The Tenant Has Received Required Documents: Landlords must provide tenants with a copy of the property's Energy Performance Certificate (EPC), a valid Gas Safety Certificate, and the government's "How to Rent" guide.


How to Serve a Section 21 Eviction Notice


Issuing a Section 21 eviction notice involves several steps. Here’s a step-by-step guide:

Step 1: Check the Tenancy Agreement


Review the tenancy agreement to confirm it is an AST and that the fixed term has ended or a break clause applies. Ensure all legal requirements, such as deposit protection and document provision, have been met.

Step 2: Use the Correct Form


Landlords must use Form 6A to issue a Section 21 notice. This form is available on the UK government website and must be completed accurately.

Step 3: Provide the Required Notice Period


The notice period depends on the type of tenancy:

  • For periodic tenancies, landlords must give at least two months' notice.

  • For fixed-term tenancies, the notice cannot expire before the end of the fixed term.


Step 4: Serve the Notice Correctly


The notice can be served in person, by post, or via email if the tenancy agreement allows it. It’s advisable to use a method that provides proof of delivery, such as recorded delivery.

Step 5: Wait for the Notice Period to Expire


If the tenant does not vacate the property by the end of the notice period, landlords can apply to the court for a possession order.

Section 21 vs. Section 13 Eviction


While both Section 21 and Section 13 are used for evictions, they serve different purposes:

  • Section 21: A no-fault eviction that allows landlords to regain possession without providing a reason. It is typically used when the landlord wants to sell the property, move in, or make significant renovations.

  • Section 13: This is used when a landlord wants to increase the rent. If the tenant refuses the rent increase, the landlord can issue a Section 13 notice, which may lead to eviction if the tenant does not comply.


Common Mistakes to Avoid


Landlords must be careful to avoid mistakes that could invalidate a Section 21 eviction notice. Common errors include:

  • Failing to protect the tenant’s deposit or provide the prescribed information.

  • Not providing the required documents (EPC, Gas Safety Certificate, "How to Rent" guide).

  • Issuing the notice during the fixed term without a break clause.

  • Using an incorrect form or providing insufficient notice.


What Happens if the Tenant Refuses to Leave?


If the tenant does not vacate the property after the notice period expires, landlords must apply to the court for a possession order. This process can take several weeks or months, depending on the court’s workload and whether the tenant contests the eviction.

Once the court grants a possession order, the tenant will be given a deadline to leave. If they still refuse, landlords can apply for a warrant of possession, which allows bailiffs to evict the tenant.

Recent Changes to Section 21


In recent years, there has been growing debate about the fairness of Section 21 evictions. Critics argue that no-fault evictions leave tenants vulnerable to homelessness. As a result, the UK government has proposed abolishing Section 21 as part of its Renters' Reform Bill. However, as of now, Section 21 remains in force, and landlords can still use it to regain possession of their property.

Tips for Landlords



  1. Keep Records: Maintain detailed records of all communications, documents, and notices served to the tenant.

  2. Seek Legal Advice: If you’re unsure about the process, consult a solicitor or a landlord association for guidance.

  3. Be Professional: Maintain a professional relationship with the tenant throughout the process to avoid unnecessary disputes.

  4. Plan Ahead: If you know you’ll need to regain possession of the property, start the process early to account for potential delays.


Conclusion


A Section 21 eviction notice is a powerful tool for landlords, but it must be used correctly to avoid legal pitfalls. By following the steps outlined in this guide, landlords can ensure the process is handled smoothly and in compliance with the law. While the future of Section 21 remains uncertain, understanding the current rules and procedures is essential for any landlord navigating the eviction process.

Whether you’re dealing with a difficult tenant or simply need to regain possession of your property, a Section 21 notice can provide a clear and legal path forward. Just remember to follow the rules, stay organized, and seek professional advice when needed.

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