Serving a Section 21 Notice: What You Need to Know
What is a Section 21 Notice?
A section 21 Notice is a legal document issued by a landlord to a tenant in accordance with the Housing Act 1988. The notice informs the tenant that their tenancy agreement is ending and they must vacate the property in a specific period of time.
This notice must give the tenant at least two months' notice in order to terminate the tenancy agreement, and must be served in writing. The landlord does not need to give a reason for issuing the notice, but must provide evidence that the correct legal procedures were followed.
Important Note: Section 21 Notices are due to be abolished in the summer of 2025 as part of the Renters' Rights Bill. Until that happens Section 21 Notices remain valid.
How long does a Section 21 Notice last for after it has been served?
The notice must be in writing and will be valid for a period of six months from the date it is served. This means that the tenant must leave the property within two months of being served the notice or six months from the date the notice was served, whichever is the sooner.
What details do I need to include in a Section 21 Notice?
A Section 21 Notice should include the following details:
- The date the notice has been served
- The date the tenant is required to vacate the property
- The landlord's name and address
- The tenant's name and address
- The rental address
- The date the tenancy began
- A statement that the tenancy is an assured shorthold tenancy
- Reference to the Housing Act 1988
- The landlord's signature or the name of the person acting on behalf of the landlord
- The name of any witnesses to the notice
All the required details are now contained in the precribed form for the Section21 Notice
How do I serve a Section 21 Notice of Eviction?
A Section 21 Notice of Eviction must be served personally or sent by post.
Personal Service: This means that the notice must be handed directly to the tenant or a person of suitable age and discretion living in the property who can accept the notice on behalf of the tenant. It is best practice to get the tenant to sign a document acknowledging receipt of the notice.
Postal Service: The notice must be sent to the tenant’s address by Recorded Delivery or, where the tenant has given a forwarding address, the notice must be sent to that address.
In both cases, the landlord should keep a copy of the notice, the date it was served, and a record of how it was served. This can be used as evidence in court to prove that the tenant was served.
Can I use a Section 21 Notice before the end of a fixed term tenancy?
Yes, you can use a Section 21 Notice to end a fixed term tenancy before the end of the tenancy agreement. However, you must ensure that you give your tenants at least two months’ notice before the tenancy is due to end. You may also be required to pay your tenants compensation if you choose to end the tenancy early.
How can a tenant respond to a Section 21 Notice?
When a tenant receives a Section 21 Notice, they must respond in a timely manner. The tenant has several options for responding to the Notice, and it is important for them to understand their rights and the legal implications of their decision.
1. Vacate the Property: The tenant may choose to vacate the property by the date specified in the Section 21 Notice, or if they do not have a fixed-term agreement, they may be required to vacate within two months.
2. Challenge the Eviction Notice: If the tenant feels that the eviction is unfair or that the landlord is not adhering to the terms of the tenancy agreement, they can challenge the eviction. The tenant must provide evidence to the court to support their challenge.
3. Negotiate with the Landlord: The tenant can try to negotiate with the landlord to reach an arrangement that is satisfactory to both parties. This could involve the tenant paying off outstanding rent arrears in exchange for a longer stay in the property.
4. Seek Legal Advice: Tenants should seek legal advice to understand their rights and any possible avenues for challenging a Section 21 Notice.
For further tenant information and resources on responding to a Section 21 Notice, please see the following websites:
• Citizens Advice Bureau
• Shelter
What happens if the tenant does not leave after receiving a Section 21 Notice?
Speak to the tenant and attempt to resolve the issue informally.
Issue a Section 8 Notice if the tenancy is a periodic tenancy or if the tenant has breached the terms of the tenancy agreement.
Apply for a standard possession order (SPO)
Receive a court hearing date and attend the court hearing If the court decides in your favour, the tenant will be served an eviction notice giving them 14 days to leave the property.
If the tenant fails to leave within the 14 days, a bailiff may be instructed to evict the tenant.
What happens if the landlord does not follow the correct procedure with a Section 21 Notice to End a Tenancy ?
If the landlord does not follow the correct procedure with a Section 21 Notice to End a Tenancy, the tenant may be able to challenge the notice in court.
Step by Step Process:
1)The landlord must serve the Section 21 Notice to the tenant correctly. In order to do this, the landlord must:
a) Provide the tenant with a valid tenancy agreement.
b) Ensure that the notice is validly served in accordance with the requirements of the Housing Act 1988.
c) Give the tenant at least two months’ notice of their intention to end the tenancy.
d) Provide the tenant with a copy of the notice.
2. If the landlord fails to follow the correct procedure, the tenant can challenge the notice in court. They must do this by making an application to the court for a possession order.
3. The court will then consider the evidence provided by the tenant and decide whether or not the notice is valid. If the court finds that the landlord has failed to follow the correct procedure, the tenant will be allowed to remain in the property until the end of the tenancy.
4. If the landlord still wishes to end the tenancy, they can apply to the court for an accelerated possession order. This will allow the landlord to apply directly to the court for a possession order, rather than waiting for the tenant to do so.
5. If the court grants the accelerated possession order, the tenant must leave the property within 28 days. If they do not, the landlord can take further action such as applying for a warrant of possession.
When is the best time to serve a Section 21 Notice and how do you do this?
For a fixed-term tenancy agreement, you cannot serve a Section 21 Notice until after the first four months have passed. For example, if the tenancy agreement began on 15 April, you would need to wait until 15 August before serving the notice.
For periodic tenancies (where the tenant has no fixed end date), section 21 notices must normally provide at least two months' notice to the tenant. For example, if a six month AST started on 1 January with an end date of 1 July.
The Housing Act 1988 contains provisions in section 21(1)(b) applying to fixed term tenancies state:
"Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed-term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than a statutory periodic tenancy: and the landlord, or in the case of joint landlords, at least one of them has given to the tenant not less than two months' notice stating that he requires possession of the dwelling-house."