Residential property litigation
Section 21 Notices
A Section 21 notice is often referred to as a “no-fault eviction,” allowing landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy. Whether you are a landlord seeking to serve a Section 21 notice or a tenant receiving one, our property dispute solicitors can guide you through the process. We ensure landlords comply with strict legal requirements to avoid invalid notices and help tenants understand their rights and options. With expert advice, we aim to resolve disputes efficiently while protecting your interests. Contact us today for legal guidance you can trust.
Called, met with Sam, on it, delt with and resolved. I could not have asked for a better service. “Top girl Sam”. Thank you.
Where else can we help?
When can a Section 21 Notice be served?
Tenants can be evicted where an assured short-hold tenancy agreement is in place using a Section 21 or Section 8 notice, or sometimes both. However, you use a Section 8 notice if the tenant has broken the terms of the tenancy.
You can use a Section 21 notice if you just want to possess the property for your own reasons, but it must be after the fixed term of the tenancy ends or during a tenancy with no fixed end date – known as a ‘periodic’ tenancy.
When not to use a Section 21 notice in England
You cannot use a Section 21 notice in England if:
- It is 4 months or less since the tenancy started, or the fixed term has not yet ended, unless you have a clause in the contract which allows otherwise
- The property has multiple occupants and you do not have an HMO licence from the council
- You have not put the tenant’s deposit in a deposit protection scheme
- You have not used a Tenancy form 6A: Notice seeking possession of a property let on an AST
- You have provided the wrong information on the form 6A or a letter with the same information as a form 6A
- The council has given you an improvement notice on the property in the last 6 months
- There are going to be or are ongoing emergency works on the property through a notice from the council
- You haven’t repaid any unlawful fees or deposits that you charged the tenant
You must also have given copies of the following to your tenant to use a Section 21 notice:
- The Government’s ‘How to rent’ guide
- An Energy Performance Certificate
- An up-to-date gas safety certificate, where gas is installed
When not to use a Section 21 notice in Wales
You cannot use a Section 21 notice in Wales if:
- It is 4 months or less since the tenancy started, or the fixed term has not yet ended, unless you have a clause in the contract which allows otherwise
- The property has multiple occupants and you do not have an HMO licence from the council
- You have not put the tenant’s deposit in a deposit protection scheme
- The tenancy began after the November 2016, and you do not have a landlord licence
FAQ’s
How much notice should I give to my tenant when issuing a Section 21 notice?
Usually, you should give your tenants at least 2 months’ notice to leave your property, however, due to COVID-19 you must now give them a longer notice period.
For Section 21 notices given between 26 March 2020 and 28 August 2020, you must give at least 3 months’ notice.
For Section 21 notices given between 29 August 2020 and 31 May 2021, you must give at least 6 months’ notice.
In England, for Section 21 notices given after 1 June 2021, you must give at least 4 months’ notice.
In Wales, for Section 21 notices given after 24 July 2020, you must give at least 6 months’ notice.
There are different rules in England if there is a periodic tenancy agreement in place, for which you may need to give a longer notice period. This notice must be the same as the rental period only if this is more than 2 months. In Wales, periodic tenancies will allow the tenant to stay for the notice period and any time covered by their final rent payment.
I have issued a Section 21 notice and they have not left the property after the notice period; what should I do?
You should keep proof that you gave notice to your tenants by either:
- Filling in a certificate of service form (N215) or;
- Write “served by [your name] on [the date]” on the notice
Where tenants do not leave by the date specified on the notice, you can use your completed N215 or the notice to apply for an accelerated possession order.
