WHAT ARE THE GROUNDS FOR ISSUING A SECTION 21 EVICTION NOTICE?

What are the grounds for issuing a Section 21 eviction notice?

What are the grounds for issuing a Section 21 eviction notice?

Blog Article

The Section 21 eviction notice is one of the most commonly used tools by landlords in England and Wales to regain possession of their property. Often referred to as a "no-fault eviction," it allows landlords to evict tenants without providing a specific reason, provided they follow the correct legal procedures. This article will explore the grounds for issuing a Section 21 eviction notice, the process involved, and the rights and responsibilities of both landlords and tenants.

What is a Section 21 Eviction Notice?


A Section 21 eviction notice is a legal tool available to landlords under the Housing Act 1988. It enables them to evict tenants after the fixed term of an Assured Shorthold Tenancy (AST) has ended or during a periodic tenancy (a rolling month-to-month tenancy). Unlike a Section 8 notice, which requires the landlord to provide a specific reason (such as rent arrears or property damage), a Section 21 notice does not require the landlord to prove any fault on the part of the tenant. This is why it is often called a "no-fault eviction."

Grounds for Issuing a Section 21 Eviction Notice


While a Section 21 notice does not require the landlord to provide a reason for the eviction, there are specific legal requirements that must be met for the notice to be valid. These include:

  1. End of Fixed-Term Tenancy or Periodic Tenancy
    A Section 21 notice can only be issued after the fixed term of the tenancy has ended or during a periodic tenancy. It cannot be used during the fixed term unless the tenancy agreement includes a break clause allowing early termination.

  2. Proper Protection of the Tenant’s Deposit
    The landlord must have protected the tenant’s deposit in a government-approved tenancy deposit scheme (TDP) within 30 days of receiving it. They must also provide the tenant with the prescribed information about the deposit.

  3. Provision of Required Documents
    Before serving a Section 21 notice, the landlord must have provided the tenant with:

    • A valid Energy Performance Certificate (EPC).

    • A current Gas Safety Certificate (if the property has gas appliances).

    • The government’s "How to Rent" guide.



  4. Compliance with Licensing Requirements
    If the property is in an area that requires a license (e.g., for Houses in Multiple Occupation or HMOs), the landlord must have obtained the necessary license.

  5. No Retaliatory Eviction
    A Section 21 notice cannot be used as a retaliatory eviction. For example, if the tenant has complained about the property’s condition to the local council, and the council has issued an improvement notice, the landlord cannot serve a Section 21 notice for six months.

  6. Correct Notice Period
    The landlord must give the tenant at least two months’ notice. However, during the COVID-19 pandemic, this notice period was temporarily extended to six months in some cases. As of October 2023, the notice period has reverted to two months.

  7. Expiry of the Fixed Term
    If the tenancy is still within the fixed term, the landlord cannot serve a Section 21 notice unless there is a break clause in the tenancy agreement.


The Process of Issuing a Section 21 Notice



  1. Serve the Notice
    The landlord must serve the tenant with a written Section 21 notice, either in person or by post. The notice must be on the correct form (Form 6A in England).

  2. Wait for the Notice Period to Expire
    The tenant must be given at least two months’ notice. If the tenant does not leave by the end of the notice period, the landlord cannot forcibly remove them without a court order.

  3. Apply for a Possession Order
    If the tenant refuses to leave, the landlord must apply to the court for a possession order. This involves filling out the appropriate forms and paying a fee.

  4. Obtain a Warrant for Possession
    If the court grants the possession order and the tenant still does not leave, the landlord can apply for a warrant for possession. This allows bailiffs to evict the tenant.


Tenant Rights and Protections


While Section 21 notices are often seen as favoring landlords, tenants do have certain rights and protections:

  1. Challenging an Invalid Notice
    If the Section 21 notice is invalid (e.g., the deposit was not protected, or the correct documents were not provided), the tenant can challenge it in court. If successful, the court may dismiss the eviction.

  2. Retaliatory Eviction Protection
    As mentioned earlier, landlords cannot use Section 21 to evict tenants who have made legitimate complaints about the property’s condition.

  3. Extended Notice Periods
    In some cases, such as during the COVID-19 pandemic, the government has extended the notice period required for Section 21 evictions to protect tenants.

  4. Seeking Advice
    Tenants facing a Section 21 notice should seek advice from organizations like Shelter or Citizens Advice. They may be able to help delay the eviction or find alternative housing.


Criticism of Section 21 Evictions


Section 21 evictions have been criticized for contributing to housing insecurity, particularly for vulnerable tenants. Critics argue that the no-fault eviction process allows landlords to evict tenants without justification, leaving them with little time to find alternative accommodation. In response to these concerns, the UK government has proposed abolishing Section 21 evictions as part of its Renters’ Reform Bill. However, as of October 2023, this legislation has not yet been enacted.

Alternatives to Section 21 Evictions


Landlords who wish to evict tenants for specific reasons (e.g., rent arrears or anti-social behavior) can use a Section 8 notice instead. Unlike Section 21, a Section 8 notice requires the landlord to prove one or more grounds for eviction, as outlined in Schedule 2 of the Housing Act 1988.

Conclusion


A Section 21 eviction notice is a powerful tool for landlords, allowing them to regain possession of their property without providing a reason. However, it must be used in compliance with strict legal requirements. Tenants, on the other hand, have certain rights and protections to ensure they are not unfairly evicted. As the rental market continues to evolve, the future of Section 21 evictions remains uncertain, with potential reforms on the horizon. Both landlords and tenants should stay informed about their rights and responsibilities to navigate the eviction process effectively.

Report this page