Section 21 Notice

Section 21 Notice

In order to evict a tenant you must follow strict legal procedure. An amendment to the Housing Act in 1996 made it a legal obligation for landlords to issue tenants with a written notice to quit a rental property – and this must be done legally, by issuing a Section 21 Notice.

You can use a Section 21Notice to evict a tenant with an assured shorthold tenancy. You can use a Section 21 Notice to evict your tenants either;

• After a fixed term tenancy ends – if there’s a written contract
• During a ‘periodic tenancy’ – a tenancy with no fixed end date

A Section 21 Notice must give your tenants at least 2 months’ notice to leave the property. In order for the notice to be considered legal it must;

• Be delivered in writing, giving the tenant at least two months’ notice
• Be on the correct form if the tenant signed a new contract or renewal agreement on or after 1 October 2015.

You cannot use a Section 21 notice if any of the following apply:

• it is less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows you to do this
• the property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council
• the tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection scheme
• the tenancy started after October 2015 and you have not used form 6a or a letter with all the same information on it
• the council has served an improvement notice on the property in the last 6 months
• the council has served a notice in the last 6 months that says it will do emergency works on the property
• you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019

You also cannot use a Section 21 notice if you have not given the tenants copies of:

• the property’s Energy Performance Certificate
• the government’s ‘How to rent’ guide
• a current gas safety certificate for the property, if gas is installed
• If you create or renew a tenancy on or after 1 July 2020 you will be required to have an electrical inspection and report on the condition of the property (EICR) performed by a qualified person. This includes statutory periodic tenancies, which are created after a fixed term AST has expired.

You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.

You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property.

Due to the different sections of the S21 notice and the many different types of tenancies that can be issued, carrying out a S21 notice can be complex. Duncan Lewis' Housing Team can advise landlords on all matters regarding the issue of a Section 21 Notice to Quit, and can assist landlords, ensuring that the S21 is issued correctly and legally.

Get in Touch

Duncan Lewis advises landlords get in touch as soon as possible in cases involving the issue of a Section 21 Notice. Our expert Housing solicitors can advise on cases where a tenant does not leave by a the due date, in which case it may be required to apply to the court for a possession order to be able to evict the tenant. We can also advise on dispute resolution and mediation as alternatives to court action in S21 disputes.

For expert legal advice on issuing your tenant a Section 21 order and other possession orders, do not hesitate to contact one of our expert Duncan Lewis Housing Solicitors as soon as possible on 033 3772 0409.