A section 21 notice, also known as an eviction notice, is a legal document used by landlords in England and Wales to terminate an assured shorthold tenancy (AST) when the fixed-term period ends. It gives explicit notice to tenants that they must vacate the property by a specific date.
The process of issuing a section 21 notice is often straightforward. But if done improperly, it can lead to a negative impact on both the tenants and landlords. Here’s everything you need to know about section 21 notices:
Why do landlords issue Section 21 notice?
A landlord issues a Section 21 notice when they wish to end an AST, and the lease agreement is due for termination. They may also serve this notice during an open-ended monthly tenancy, provided that a minimum notice period of two months’ written notice is given to tenants in advance.
Landlords are under no obligation to provide reasons for issuing the notice. This makes Section 21 notices a preferable choice over Section 8 notices, which have specific grounds for eviction, such as tenant breach of tenancy agreement or rent arrears.
While landlords can issue a Section 21 notice any time after the end of fixed-term tenancy, they cannot evict tenants during a fixed term tenancy. Should a landlord attempt to do so, the notice will be considered invalid by the court.
What are tenants’ rights?
When you receive a Section 21 notice from your landlord, you have two months to vacate the property voluntarily before the landlord can initiate court proceedings. During this period, tenants can challenge eviction by challenging the validity of the notice, seeking legal help, or negotiating with their landlords for an alternative arrangement.
If the tenant decides to stay beyond the two-month notice period, the landlord can initiate court proceedings against the tenant. Should the court rule in the landlord’s favour, they will receive a possession order, requiring tenants to vacate the property immediately.
However, tenants have protection against eviction under certain circumstances, such as during the COVID-19 pandemic. The government has implemented legislation requiring landlords to provide six months’ written notice before initiating court proceedings to evict tenants, except in exigent circumstances of rent arrears or anti-social behaviour. These measures, aimed at protecting tenants from homelessness and evictions, are expected to remain in place until September 30, 2021.
What are the main requirements of Section 21 notice?
To ensure that the notice is valid, landlords must adhere to specific requirements stipulated by law, such as:
– The notice must be issued in writing, specifying the landlord’s name and address, the tenant’s name and address, and the date when the notice expires.
– The notice must give a minimum of two months’ notice before the expiry date.
– The landlord must prove that they have protected the tenant’s deposit in an authorized deposit scheme and provided the prescribed information within 30 days of receiving the deposit.
– The landlord must demonstrate that they have issued tenants with the government’s ‘How to Rent Guide’ before or at the beginning of the tenancy period.
– The notice must not be issued within the first four months of the tenancy agreement.
– The landlord cannot issue a Section 21 notice if the tenant has made formal complaints about the property’s condition to the local council or if the property is unsafe or illegal.
It is crucial to note that these requirements can change at any time, so landlords and tenants should seek legal advice or refer to the government’s website for the latest guidance.
What happens if the landlord fails to meet the requirements?
Failure to meet the requirements can result in the Section 21 notice being declared void by the courts. In such a case, the landlord cannot initiate eviction proceedings via the Section 21 route and may need to consider other legal options.
Conversely, if a tenant fails to vacate the property after the notice has expired, landlords can initiate court proceedings and request a possession order. A warrant for eviction can be issued if the tenant fails to comply with the possession order, allowing bailiffs to remove the tenant physically from the property.
In conclusion, Section 21 notice is a crucial legal document that both landlords and tenants should understand. Landlords must adhere to statutory requirements when issuing the notice, while tenants should understand their legal rights and seek legal help if they encounter challenges. By following the guidance, landlords can avoid potential legal complications, and tenants can avoid the risk of unlawful eviction and homelessness.