Understanding Section 21 Notices FAQs

Whether you are a landlord or a tenant, it is likely that you will come across Section 21 notices at some point. But what are Section 21 notices, and what do they mean for tenants and landlords? This article is here to answer some of the most frequently asked questions.

What is a Section 21 notice? 

A Section 21 notice is a legal notice issued by a landlord informing the tenants that they must vacate the property at the end of their fixed term tenancy, or at any time if the tenancy has no fixed end date and at least four months have passed. A minimum of two months’ notice must be given.  

How is a Section 21 notice served? 

A Section 21 notice is served by the landlord of the property. In order for it to be valid, a Section 21 notice must be served properly by the landlord. They can use the Tenancy Form 6A provided by the government, or write their own notice as long as it includes all of the same information. This includes providing a minimum of two months’ notice.  

What makes a Section 21 notice invalid? 

There are plenty of factors which can make a Section 21 notice invalid. Landlords must ensure that the notice is valid before evicting any tenants. Some things that can make a Section 21 notice invalid include: 

• Served less than four months into the tenancy 
• Less than two months’ notice is given  
• The deposit is not protected in an approved scheme, or was not protected within 30 days of the landlord receiving it 
• The deposit is equal to more than 5 weeks’ rent (if it was taken after 1^st June 2019) 
• Fees banned under the Tenancy Act 2019 have been charged  
• Valid certificates and documents (including the government’s ‘How to Rent’ guide, energy performance certificates, and gas safety certificates) have not been provided 
• The property is an unlicensed HMO (House of Multiple Occupancy)  
• The landlord has been issued with an improvement or emergency works notice in the previous six months 
• The landlord doesn’t use the correct form or a letter providing the same information 

If you are a tenant and believe you have been served an invalid Section 21 notice, our lawyers may be able to help. Get in touch today.  

Do landlords need to give a reason for issuing a Section 21 notice? 

No, landlords don’t need to provide a reason for issuing tenants for a Section 21 notice. They can do so for any number of reasons, such as they want to sell the property or move into it themselves.  

How much do Section 21 notices cost? 

Section 21 notices have no charge for either landlords or tenants. However, if the tenants do not vacate the property by the date specified in the notice, the landlord will have to pay a fee to apply to the court for a possession order.  

What does a Section 21 look like? 

The government has a standard form which can be viewed here. Some Section 21 notices may look slightly different as landlords can create their own. The important thing is that all of the same information is supplied, no matter what the notice looks like.  

How long is a Section 21 notice valid for? 

Section 21 notices are typically valid for six months after the date they are issued. During this time, the landlord can apply to the court for a possession order if the tenants do not leave the property at the end of the notice period.  

What happens if the tenants don’t leave after being issued a Section 21 notice? 

If the tenants have not left by the end of the notice period, the landlord can apply for a possession order at the courts. If they still do not leave after the possession order has been issued, a county court bailiff can enforce the eviction with at least 14 days’ notice given. 

Please note that the tenants have the right to submit a defence to the court, outlining reasons against the possession order and why they should be permitted to stay in the property. The court will then consider the claim and defence documents to decide whether an order should be issued.  

If you are a landlord who is struggling to evict tenants, our expert lawyers may be able to help. Please get in touch today.  

Has Section 21 been abolished? 

No, Section 21 notices are still valid and can be used by landlords. The Renters Reform Bill is currently being reviewed by the government. Part of this bill aims to scrap the use of Section 21 notices, but it has not yet been passed. 

When does Section 21 end? 

Currently, there is no date for the end of Section 21 notices. The Renters Reform Bill aims to make this a reality, but it has not been passed by the government yet.