The section 21 eviction notice is one of the most commonly used methods of evicting a tenant in England and Wales. It allows landlords to regain possession of their property without having to specify any grounds or reasons for seeking possession. However, there are certain requirements that landlords must meet before they can serve a Section 21 notice, and failure to comply with these requirements can render the notice invalid. In this article, we will explain everything you need to know about section 21 eviction notice.
What is a section 21 eviction notice?
A Section 21 eviction notice is a written notice served by a landlord on their tenant to terminate an Assured Shorthold Tenancy (AST), which is the most common type of tenancy in England and Wales. The notice must be in writing and specify a date when the tenant is required to vacate the property. Unlike a Section 8 notice, which requires the landlord to specify grounds for seeking possession, a Section 21 notice does not require any specific grounds or reasons.
When can a landlord serve a Section 21 notice?
A landlord can serve a Section 21 notice at any time during the tenancy, provided that the tenancy is an AST and certain requirements are met. These requirements are:
– The tenant has received a copy of the current version of the Government’s ”How to Rent” guide, which must have been issued within the last 12 months.
– The tenant has been given a valid Energy Performance Certificate (EPC) and a valid Gas Safety Certificate before moving in, and renewed annually.
– The tenant has been provided with a copy of the deposit protection certificate and prescribed information within 30 days of receiving the deposit.
– The landlord has protected the tenant’s deposit in a government-approved tenancy deposit scheme (TDP) within 30 days of receipt.
– If the property is a licensable House in Multiple Occupation (HMO), it must be licensed before serving the notice.
If the landlord has not met any of the above requirements, the Section 21 notice will be invalid.
How much notice must be given under Section 21?
The notice period required under a Section 21 eviction notice is two months. This means that the tenant has at least two months to vacate the property from the date specified in the notice. It’s important to note that the date specified in the notice cannot be before the end of the fixed-term of the tenancy.
Can a landlord serve a Section 21 notice in the first four months of a tenancy?
A landlord cannot serve a Section 21 notice in the first four months of a tenancy. This means that the earliest date that a landlord can serve a Section 21 notice is four months after the start of the tenancy. However, if the tenancy agreement was for a fixed term of less than six months, the landlord can serve a Section 21 notice at any time after the start of the tenancy.
What happens if the tenant does not leave after the expiry of the Section 21 notice?
If the tenant does not leave after the expiry of the Section 21 notice, the landlord can apply to the court for a Possession Order. If the court grants the Possession Order, and the tenant still does not leave the property, the landlord can apply for a Warrant of Possession, which allows them to evict the tenant with the help of bailiffs.
Can a landlord serve a Section 21 notice in retaliation for a complaint made by the tenant?
No, a landlord cannot serve a Section 21 notice in retaliation for a complaint made by the tenant. This is known as retaliatory eviction and is illegal. If a tenant feels that they have been served with a Section 21 notice in retaliation for making a complaint, they can challenge the eviction in court.
Conclusion:
The Section 21 eviction notice is a powerful tool that allows landlords to regain possession of their property without having to specify any grounds or reasons. However, it’s important that landlords comply with the requirements for serving a Section 21 notice, otherwise, the notice will be invalid. If you are a landlord, it’s important that you seek legal advice before serving a Section 21 notice to ensure that you comply with all the legal requirements and avoid any potential pitfalls. If you are a tenant who has been served with a Section 21 notice, it’s important that you understand your rights and seek legal advice if necessary.