Section 21 Notice

A Section 21 notice is a legal document used by landlords in the UK to regain possession of a property let under an assured shorthold tenancy (AST), typically without having to provide a reason for the eviction.

What is a Section 21 Notice?

In the UK property market, a Section 21 notice is a legal mechanism that allows landlords to regain possession of their property from tenants under an assured shorthold tenancy (AST). Often referred to as a "no-fault" eviction, this notice enables landlords to evict tenants without needing to provide a specific reason, provided they follow the correct legal procedures.

A Section 21 notice can only be served at the end of the fixed term of the tenancy or during a periodic tenancy (when the fixed term has expired and the tenancy has become rolling). Landlords must give tenants at least two months' notice to vacate the property. However, the notice is not immediately enforceable; if tenants do not leave by the specified date, landlords must obtain a possession order from the court.

Recent legal changes, including the Deregulation Act 2015, have introduced stricter rules on when and how a Section 21 notice can be served, including requirements regarding the property’s condition, deposit protection, and the provision of specific documents to tenants.

A Section 21 notice is a powerful tool for landlords in the UK property market, but it comes with specific legal responsibilities and restrictions. Understanding how and when to use a Section 21 notice correctly is crucial for ensuring a smooth and lawful process of regaining possession of a rental property. Both landlords and tenants should be aware of their rights and obligations regarding this type of eviction notice to navigate the process effectively.

Frequently Asked Questions

Section 21 Notice is a term that you may have heard before, but you might not be sure what it means. Here are some common questions and answers to help you understand what it means.

A landlord can serve a Section 21 notice at the end of a fixed-term tenancy or during a periodic tenancy, provided all legal requirements have been met, such as protecting the tenant’s deposit and providing an Energy Performance Certificate (EPC).
Before serving a Section 21 notice, landlords must ensure the tenant’s deposit is protected in a government-approved scheme, provide a valid EPC, a Gas Safety Certificate, and the government’s “How to Rent” guide. Failure to comply with these requirements can invalidate the notice.
Yes, tenants can challenge a Section 21 notice if they believe it has been served incorrectly or if they have not received the required documentation. Tenants can also contest the notice if they suspect it was issued in retaliation for reporting issues such as disrepair.
If the tenant does not vacate the property by the date specified in the notice, the landlord must apply to the court for a possession order. The landlord cannot forcibly remove the tenant without a court order.