Are there any restrictions on when a landlord can serve a Section 21 notice?
Are there any restrictions on when a landlord can serve a Section 21 notice?
Blog Article
A Section 21 eviction notice is one of the most common ways for landlords in England and Wales to regain possession of their property from assured shorthold tenants (ASTs). Unlike a Section 8 notice, which requires the landlord to provide a specific reason for eviction (such as rent arrears or breach of tenancy terms), a Section 21 notice allows landlords to evict tenants without providing a reason, provided they follow the correct legal procedures. However, there are several restrictions and conditions that landlords must adhere to when serving a Section 21 notice. This article explores these restrictions, the legal requirements, and the rights of tenants facing a section 21 eviction notice.
What is a Section 21 Eviction Notice?
A Section 21 notice, also known as a "no-fault eviction," is a legal tool under the Housing Act 1988 that allows landlords to evict tenants after their fixed-term tenancy ends or during a periodic tenancy (rolling month-to-month tenancy). The landlord does not need to prove any fault on the tenant’s part, such as rent arrears or property damage. However, the process must comply with strict legal requirements, and there are several restrictions on when and how a Section 21 notice can be served.
Restrictions on Serving a Section 21 Notice
Landlords cannot serve a Section 21 notice arbitrarily. There are specific restrictions and conditions that must be met before a Section 21 notice can be issued. Below are the key restrictions:
1. Tenancy Type
A Section 21 notice can only be used for assured shorthold tenancies (ASTs). It does not apply to other types of tenancies, such as assured tenancies, regulated tenancies, or excluded tenancies (e.g., lodgers living with the landlord).
2. Timing of the Notice
- During a Fixed-Term Tenancy: A Section 21 notice cannot be served within the first four months of the tenancy. For example, if the tenant signs a 12-month lease, the landlord cannot serve the notice until at least four months have passed.
- After the Fixed Term Ends: If the tenancy has become a periodic tenancy (month-to-month), the landlord can serve a Section 21 notice at any time, provided they give the required notice period.
3. Validity of the Notice
The Section 21 notice is only valid if the landlord has complied with all legal obligations, including:
- Providing the tenant with a copy of the government’s "How to Rent" guide.
- Protecting the tenant’s deposit in a government-approved deposit protection scheme and providing the tenant with the prescribed information about the scheme.
- Ensuring the property has a valid Energy Performance Certificate (EPC) and gas safety certificate (if applicable).
4. Retaliatory Eviction
Landlords cannot serve a Section 21 notice in retaliation for a tenant making a legitimate complaint about the property’s condition. If the tenant has reported issues (e.g., disrepair or health hazards) to the local council, and the council issues an improvement notice, the landlord cannot serve a Section 21 notice for six months.
5. Notice Period
The notice period for a Section 21 notice must be at least two months. However, during the COVID-19 pandemic, the notice period was temporarily extended to six months in some cases. As of October 2022, the notice period has reverted to two months.
6. Form of the Notice
The Section 21 notice must be served using the correct form (Form 6A in England). If the wrong form is used, the notice may be invalid.
7. Expiry of the Notice
A Section 21 notice is only valid for six months from the date it is served. If the landlord does not take court action within this period, they must serve a new notice.
8. Rent Repayment Orders
If a landlord has failed to obtain the required license for the property (e.g., for houses in multiple occupation or selective licensing areas), they cannot serve a Section 21 notice. Additionally, tenants may apply for a rent repayment order to reclaim rent paid during the unlicensed period.
9. Ban on Section 21 in Certain Circumstances
In some cases, such as when the property is in serious disrepair or the landlord has failed to address health and safety issues, the local council may prohibit the use of a Section 21 notice.
Tenant Rights and Protections
Tenants facing a Section 21 eviction notice have certain rights and protections:
- Check the Validity of the Notice: Tenants should verify that the landlord has followed all legal requirements, such as protecting the deposit and providing the correct documentation.
- Seek Legal Advice: Tenants can consult a solicitor or a housing charity (e.g., Shelter or Citizens Advice) to understand their rights and options.
- Challenge the Notice: If the notice is invalid, tenants can challenge it in court. Common grounds for challenge include incorrect notice periods, failure to protect the deposit, or retaliatory eviction.
- Apply for More Time: In some cases, tenants can ask the court for more time to find alternative accommodation, especially if they are vulnerable or have children.
The Eviction Process
If the tenant does not vacate the property by the date specified in the Section 21 notice, the landlord must apply to the court for a possession order. The court will review the case to ensure the notice is valid. If the court grants the possession order, the tenant will be given a deadline to leave. If the tenant still refuses to leave, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant.
Recent Changes and Proposed Reforms
The UK government has proposed abolishing Section 21 evictions as part of the Renters’ Reform Bill. The aim is to provide greater security for tenants and prevent "no-fault" evictions. However, as of October 2023, Section 21 remains in force, and landlords can still use it to evict tenants, provided they follow the legal requirements.
Conclusion
While a Section 21 eviction notice provides landlords with a straightforward way to regain possession of their property, it is not without restrictions. Landlords must comply with strict legal requirements, and tenants have rights and protections to ensure they are not unfairly evicted. If you are a landlord or tenant dealing with a Section 21 notice, it is essential to seek legal advice to understand your rights and obligations. With potential reforms on the horizon, the landscape of eviction laws in the UK may change, but for now, Section 21 remains a key tool in the landlord’s arsenal. Report this page