Section 21 Eviction Notice
I’ve been served with a section 21 no-fault eviction notice - what does this mean and what can I do?
What is a section 21 notice?
A section 21 notice, known also as a Form 6A notice, is a notice issued to bring a tenancy to an end. These types of notices are also known as ‘no-fault’ eviction notices - so-called because landlords often issue these where there has been no fault.
What happens when a section 21 notice is served?
Provided all the criteria are met (see below) and the notice has been validly served, the Notice will bring the tenancy to an end by the date stated in the notice. The date stated in the notice cannot be less than 2 months from the date of the Notice.
What are the criteria to serving a section 21 Notice?
A section 21 notice can be served for any reason. If there are grounds for repossession (e.g. rent arrears), a Section 8 Notice may be used instead.
How do I know if a section 21 Notice is valid?
The Notice must be validly served. This is usually by posting the Notice to the Property or by leaving a copy of the notice in person at the Property (delivering by hand). Other methods of service may apply. The Tenancy agreement will usually set out how notices must be served.
The Notice period must not be less than 2 months from the date the Notice is served and the date stated in the notice for possession to be given.
The date for possession stated in the Notice cannot be before the contractual term of the tenancy has ended.
The Landlord must have provided the Tenant with certain information at the start of the Tenancy or at the very least before a section 21 Notice is served including an EPC and a ‘Right to Rent’ Guide. If these have not been provided, a section 21 Notice will not be valid and will have to be re-served.
What happens if a section 21 Notice is invalid?
A Landlord will not be able to secure a Court Order for Possession (Eviction).
A Tenant may be entitled to remain in occupation of the Property.
A Landlord is not permitted to remove a Tenant from occupation without a Court Order. To do so may be illegal and result in criminal proceedings.
There are many practical tips to help both landlords and tenants in situations where a landlord is thinking of seeking possession of a Property or if a tenant is struggling to pay the rent. Communication, as always, is key.
Landlords may feel deterred from talking or communicating with a Tenant in fear of reprisal of adverse behaviour. However, open communication at an early stage can help both parties understand the motives and intentions of the other to avoid difficult situations arising.
Tenants equally should not feel deterred from communicating with their landlord. If a landlord is given information about a tenant’s situation, it may assist them in understanding and avoid certain steps from being taken as opposed to acting in the dark - particularly if the situation is a short-term one.
If, as is commonplace at the moment, a landlord is considering increasing the rent, talking to their tenant about this rather than a cold approach may help the Tenant understand why this is happening - in many cases landlords are facing increased costs pressures as much as tenants and working together may help both parties achieve a successful outcome - an increased rent (even if deferred or stepped over time) and the tenant remaining in the Property they call home.
Landlords and tenants alike can contact one of our experts here at Leeds Day via property@leedsday.co.uk.
If you are struggling, there are various organisations that may be able to assist you and below are some links to those organisations.:
This note is not legal advice and must not be relied upon as such. Any reference to third party organisations is not an endorsement of those organisations or an endorsement of Leeds Day LLP by those organisations. Content based on law at date of publication.