In this article
Section 21 notices can be complicated, especially during the COVID-19 pandemic. As a result, our solicitors have released this article to help ensure that landlords are serving section 21 notices correctly and treating tenants fairly.
If you have any questions surrounding section 21 notices and the recent update, please visit our eviction page or contact our solicitors directly on 020 3007 5500.
What is a section 21?
A section 21 notice is often known as a ‘no-fault’ eviction. Essentially when a landlord serves their tenant with a section 21 notice, they don’t have to provide any reasoning for the eviction, unlike a section 8 notice. However, a landlord can only serve a section 21 notice in certain circumstances, for example:
- When the fixed term of the tenancy agreement ends. In the UK, the fixed term is commonly six months to 1 year.
- If the tenancy doesn’t have a fixed end date – known as a ‘periodic tenancy’.
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What is the difference between a section 21 and a section 8 notice?
In simple terms, the primary difference is a section 21 doesn’t require the landlord to provide their tenant with a reason for the eviction. In comparison, a section 8 notice requires the landlord to cite at least one of the 17 grounds for eviction.
However, suppose a landlord was to serve a section 21 notice, in that case, they must ensure they have fulfilled all their responsibilities as a landlord for the notice to be valid.
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What makes a section 21 invalid?
Section 21 notices must give a tenant two months since the date of being served. Additionally, for a section 21 notice to be valid, it must fulfil several requirements.
If the landlord doesn’t fulfil the following requirements, the notice will be invalid.
- The tenancy is an assured shorthold tenancy (AST). A tenant who has an excluded tenancy or an assured and regulated tenancy face different eviction rules.
- The landlord is protecting the tenant’s deposit in a government-authorised scheme. A tenant must be given prescribed information with a deposit certificate within 30 days after paying their deposit.
- The tenant hasn’t recently made complaints about the condition of the property.
- An “Improvement Notice” or “Notice of Emergency Remedial Action” hasn’t be made by a local authority within the last six months.
- The fixed term has ended. The landlord can serve a section 21 at any time during the tenancy, but the notice date can’t end before the end of the fixed term.
- A tenant must’ve received a copy of the gas safety certificate, an Energy Performance Certificate and the Government’s ‘How to Rent’ guide during their tenancy.
- The landlord has followed the correct procedure for serving notice.
Common mistakes when serving notices.
When a landlord drafts and serves a section 21 notice without legal assistance, mistakes can be common. Some examples include:
- Spelling mistakes.
- Not using the prescribed form.
- Incorrectly completing the form.
- Miscalculation of the notice period.
- Not securing the tenant’s deposit.
- Serving a notice as a response to a tenant raising a legitimate repair concern.
- Charging prohibited fees.
- Issuing possession proceedings prematurely.
- Not serving the notice correctly.
For more information, read our blog on section 8 notices for all you need to know.
Struggling with a section 21 notice?
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How do you serve a section 21?
To serve the notice, a landlord will need to ensure they correctly fill out a form 6a before serving it to the tenant. Furthermore, when a landlord serves notice to a tenant, they must prove that the tenant received the notice.
Advised ways of serving notice include:
- Personal delivery– personal delivery means physically handing the notice to the tenant. In this instance, notice is served on the day it was delivered. This route is often preferable for landlords who seek a speedy eviction.
- Left at address– a landlord can do this by producing an envelope addressed to the tenant and leaving it at the property, for example, by posting it through the letterbox. In this case, the deemed date of service will be three days after the delivery.
- Recorded delivery– If the envelope returns undelivered, the landlord won’t have served the notice. However, if the tenant accepts the delivery, the notice is served on the delivery day.
- Process server– a process server is a professional service that serves legal notices. A process server will produce a proof of service that is fit for the court.
- First-class post– a landlord can also serve notice by postal delivery. Because the first-class post takes two working days to arrive, the notice period will be two days.
- Email– a landlord can serve notice through email. The notice is considered served on the day of delivery, as long as the landlord sent the email before 4:30 pm on a working day. If a landlord sends the notice after 4:30 pm, the notice will be considered served on the next working day.
When serving a section 21 notice, a landlord must ensure they have proof that they served the notice. This proof is important in a situation where the eviction is contested.
What if the tenant hasn’t vacated the property by the notice date?
A section 21 notice doesn’t legally end the tenancy. The notice urges the tenant to evict the property. Suppose a tenant refuses to move out of the premises by the date outlined in the notice, in that case, the landlord can issue an accelerated possession claim in court.
In a circumstance where the tenant hasn’t left the property following the landlord issuing a possession claim, the final step would be a landlord applying for a warrant of possession. Suppose the courts grant the application for a warrant of possession. In that case, it will permit bailiffs to remove the tenants from the property.
How can Britton and Time Solicitors help?
Make sure you serve the section 21 notice correctly the first time and get your tenant out as soon as possible.
Our eviction solicitors guarantee:
- The notice is drafted and served correctly.
- Issue accelerated possession claims.
- Create an application for a warrant of possession.
- Provide defence against a section 21 notice.
For more information, please don’t hesitate to visit our eviction page or contact one of our solicitors directly on 020 3007 5500.
Hi
What do you think will happen to the 6 months notice periods after may 31? Will they revert straight to the two months? Which would be very unfair, giving people 2 months versus 6 if they get their notice 1st june instead 31st may, just a day later? Or they will gradually reduce, till december going 5-4-3-2 months maybe?
Thank you
Hi Hank,
Thank you for your comment. That’s a great question about section 21 notice periods. Currently, it’s impossible to tell what’s going to happen to the notice period as there’s been no formal announcement as of yet.
However, if you’re a landlord or tenant who’s looking to either serve or contest a section 21 notice, please feel free to call me on 01273 726951, and we can discuss your situation and options in more detail.
Kind regards,
Dominic
Hi, do we have an update on what happens with section 21 after 31st May yet. Thanks.
Hi
I have a question about section 21 please. My landlord wants to sell the house, but i’ve been away from the UK because of covid, for over 6 months, and not back till july. Rent always paid on time, agreement not broken by any means. He said he would issue the S21 possibly next week. My question is, how is a notice served to a tenant who is abroad, which the landlord is aware of, and also aware of when he would be back? So i wouldn’t recieve the notice until i return.
Thank you
I have been served a Section 21 notice and my moving out date is the 18th September. The property I am living in is now advertised on a different letting agent site and to move in immediately !!! Where do I stand on this ?? As I haven’t found anywhere else yet.
Good morning, I am an unofficial tenant living with an ex girlfriend who is on the lease. I have been living here for 5+ months and recently has been looking for a different apartment in a new location. I’m interested in hearing about the laws regarding residency after paying rent for those counted months. And what the law requires in regards to moving out in a timely manner
i am a landlord, i have tenant who owes 3 months rent, i have been advised to serve both a section 8 and 21 at the same time. i know how to serve these to the tenant. do i have to inform the courts that i have done this or do it after the period for the notice as expired?