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Section 21 of the Housing Act 1988 has long caused controversy among renters due to its role in allowing no fault evictions. Here’s how section 21 notices work, what may make one invalid, and what the future holds for section 21.
What is section 21?
As a tenant, being given a section 21 notice means that your landlord is giving notice that they want to reclaim possession of their property. You must be given at least two months’ notice before you have to leave. However, under section 21, landlords don’t have to have a reason why they want to end your tenancy. For this reason, section 21 evictions are often referred to as no fault evictions.
Note that section 21 rules only apply to tenants and landlords in England. There are different rules around the eviction of tenants if you live in Wales, Scotland and Northern Ireland.
How does the section 21 process work?
Section 21 can only be used to evict tenants on an assured shorthold tenancy agreement. This means you could be given a section 21 if you’re on a rolling periodic tenancy (perhaps week by week or month by month) with no set end date, or have a fixed term agreement which has ended or has a break clause.
If you receive a section 21 notice, it should include the date your landlord wants you to leave. If you remain in the property beyond the notice given, your landlord can seek a court order to have you removed. A judge will then decide if a hearing is required to establish if the section 21 notice has been issued correctly. If a possession order is given, you will be given a date to leave the property. If you stay beyond this, the court can instruct bailiffs to evict you.
Although Section 21 notices do not require tenants to be at fault, specific rules and processes must be followed for a no-fault eviction to be valid.
Note that if your landlord believes they have grounds for your eviction, a section 8 notice can be served instead of a section 21 notice. A section 8 is most commonly used because a tenant is in arrears on their rent. Landlords can send a section 21 notice and a section 8 notice at the same time.
What is a section 21 notice?
A Section 21 notice is the written communication from a landlord to a tenant that they are seeking to evict. A section 21 notice can only be given to tenants with an assured shorthold tenancy. The notice itself can be either tenancy form 6A from the Gov.uk website, or a letter that includes all of the same information as the form. If you don’t receive this form or an equivalent as part of a no-fault eviction notice it may mean that you can challenge your landlord’s right to reclaim the property.
What is the section 21 notice period?
The section 21 notice includes the date your landlord wants you to vacate the property. The minimum notice period you can be given is two months. However, if the fixed-term period of a tenancy agreement has ended and your tenancy has become periodic, the notice period must be the same length of time as the ‘rental period’ (assuming this is longer than two months). So if you pay rent every three months, the notice period must be three months.
What makes a section 21 notice invalid?
If the section 21 notice you’ve been given can be shown to be invalid, it can’t be used to evict you. There are many reasons a section 21 notice period could be deemed invalid including if:
- Your landlord hasn’t used Form 6A or given you a suitable letter informing you of their intention to evict
- The form has been completed incorrectly or with the wrong information
- Your tenancy started less than four months ago
- You’re still within your fixed term period, and there’s no break clause
- You’ve been given a notice period of less than two months
- The landlord hasn’t put your deposit in a deposit protection scheme
- You are owed fees or deposits by your landlord that you shouldn’t have been charged for
- You rent in a house in multiple occupation (HMO) and the landlord hasn’t secured the appropriate HMO licence
- The council has placed an improvement notice, or said it will do emergency works on the property, in the last six months
- You’ve not been given a copy of the property’s energy performance certificate, gas safety certificate (if applicable), and the government’s ‘How to Rent’ guide.
- If it appears to be a ‘revenge eviction’, perhaps because you asked for repairs
If you want to check whether a section 21 notice may be invalid, you can contact Citizens Advice or housing charities for free guidance.
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What help is there if I’m being evicted?
You can approach your local council for help if you receive a section 21 notice. They may be able to help you find somewhere new to live or perhaps talk to your landlord to find a solution so that you can stay in your current home. Local councils may also have schemes to support you financially or help you pay for a rental deposit on a new home.
You may also qualify for certain benefits, such as housing benefit or universal credit, while some charities may offer grants and financial support.
If you have been issued with a section 21 notice in England or Wales and are unsure about your rights, you can get free help from Citizens Advice, Shelter England, Shelter Cymru, and Crisis.
If you live in Scotland you can contact Citizens Advice Scotland or Shelter Scotland, or if you live in Northern Ireland you can contact Housing Advice for Northern Ireland.
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When will section 21 be abolished?
The Labour government has said it wants to abolish section 21 by the middle of 2025. If this happens it should spell the end of no fault evictions.
The Renters’ Rights Bill still needs to pass through the relevant political and legislative channels. However, if it is enacted, landlords will need to have a valid reason for wanting to evict tenants. The bill could also include a longer protected period for new tenants, longer notice periods, and a ban on bidding wars for rental properties.
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