If you are a landlord in England or Wales, you need to make sure you follow the correct legal procedures when you want your tenants to leave the property. One of those procedures is serving a Section 21 notice, commonly known as a “no-fault” eviction notice. This type of notice is frequently used by landlords who want to regain possession of their property without having to provide a specific reason for ending the tenancy.
What is a sec 21 notice?
A Section 21 notice can only be issued to tenants who are on an assured shorthold tenancy (AST) and who have been in the property for at least six months. With an AST, the landlord cannot evict the tenant without a valid reason during the fixed term of the agreement. However, they can serve a Section 21 eviction notice once that fixed term has ended, or at any time after the end of the first six months, as long as it gives the tenant at least two months’ notice to leave the property.
When to Use a sec 21 notice?
Landlords cannot use a Section 21 eviction notice during the fixed term of the tenancy agreement. Once the fixed term ends, landlords can either renew the tenancy agreement or make use of the notice to take back possession of the property if they prefer to do so.
However, if a tenant violates the terms of the tenancy agreement by not paying rent, causing a nuisance or damage to the property, then landlords can serve a Section 8 notice instead, which is a quicker way for a landlord to regain possession of the property while allowing for the possibility of seeking monetary damages from the tenant for any loss.
The Section 21 notice is often used by landlords who want to stop a rolling tenancy agreement or regain possession of their property without having to provide reasons for doing so. For example, if a landlord wants to sell the property or move back in themselves, they can use a Section 21 notice to end the tenancy with no explanation.
It is important to note that as of March 2021, the UK Government implemented changes regarding Section 21 notices. This means that landlords cannot use a Section 21 notice in certain situations, such as if the tenant has made a complaint about the condition of the property that hasn’t been addressed, or if the landlord has not provided the tenant with an up-to-date copy of the government’s “How to Rent” guide before they moved in.
What Happens After Serving a sec 21 notice?
After serving a Section 21 notice, landlords have no control over how quickly the tenant intends to leave the property. If the tenant refuses to vacate the property after the two-month notice period and there is no particular reason to rely on a Section 8 notice, landlords can apply to the courts to seek possession of the property.
If landlords choose to seek a court order to remove the tenant and the tenant opposes it, then the matter will go to the courts for a hearing. At that stage, the landlord must demonstrate that the correct procedures have been followed, and that there is a genuine reason for the eviction notice to be issued.
Landlords should consult with legal professionals before serving a Section 21 notice to ensure that everything is done correctly. An improperly served notice can cause delays and additional expenses for landlords, and may even result in damages awarded to the tenant.
Conclusion
A Section 21 notice can be a valuable tool for landlords who want to take back possession of their property, particularly when they do not want to provide specific reasons for doing so. Tenants should be aware of their rights under the notice and what happens when it is served, particularly given the changes the UK Government implemented in March 2021. Both landlords and tenants should take care to follow legal regulations, and seek advice when necessary, to ensure that the process is handled correctly and professionally.