Can I Withdraw a Section 21 Notice and give Tenant a Second Chance?

Duration and Use of Section 21 Notice

Continuation of Tenancy Post-Notice

Landlords can allow tenants to remain in the property even after the expiration of a Section 21 notice. Serving this notice does not alter the existing tenancy agreement or obligate the landlord to take further action.

No Need for Immediate Action

If you choose not to initiate possession proceedings, the tenancy continues as usual. The Section 21 notice serves as an intention to evict but doesn’t commit you to immediate action.

Changes Post-Deregulation Act 2015

The Deregulation Act, introduced in October 2015, significantly altered the lifespan of a Section 21 notice. Previously, a Section 21 notice's validity extended as long as the tenancy existed. It could potentially last for years unless a new tenancy agreement was established or the tenancy ended through other means.

Restriction on Early Notice

Serving a Section 21 notice at the beginning of a tenancy is now prohibited. Notices cannot be issued during the first four months of the original tenancy.

'Use It or Lose It' Rule

Currently, the effectiveness of a Section 21 notice is generally limited to six months after the date it is served. If the notice period extends beyond two months, the time limit is four months from the date specified in the notice. This change encourages landlords to act within a specific timeframe if they intend to proceed with eviction.

If Allowing Tenants to Stay

No Formal Withdrawal Needed: If you agree to let tenants stay after serving a Section 21 notice, there's no requirement for a formal withdrawal of the notice. The notice remains a statement of intent without binding you to evict.

Inaction Equals Continuation: Simply not proceeding with court action allows the tenancy to continue under its existing terms.

Regional Differences

It’s important to note that these rules apply specifically to England. As of 1 December 2022, Wales has its own distinct set of regulations regarding Section 21 notices.

In summary, the dynamics of serving and acting upon a Section 21 notice have evolved, particularly following the Deregulation Act 2015. Landlords have the flexibility to allow tenants to stay post-notice without needing to take any formal action to withdraw it. However, the window for using the notice to initiate eviction is now more clearly defined.