Are there any restrictions on when a Section 21 notice can be served?
Are there any restrictions on when a Section 21 notice can be served?
Blog Article
A Section 21 eviction notice, often referred to as a "no-fault eviction," is a legal tool used by landlords in England and Wales to regain possession of their property without providing a specific reason for the eviction. While this process can be straightforward, there are several restrictions and conditions that landlords must adhere to when serving a Section 21 notice. This article will explore the key restrictions, legal requirements, and considerations surrounding Section 21 evictions.
What is a Section 21 Notice?
A Section 21 notice is a legal notice served by a landlord to a tenant under Section 21 of the Housing Act 1988. It allows landlords to evict tenants after the fixed term of the tenancy has ended, or during a periodic tenancy (a rolling month-to-month or week-to-week tenancy), without having to prove any fault on the part of the tenant. This is why it is often referred to as a "no-fault eviction."
However, despite its name, landlords cannot simply serve a Section 21 notice at any time or without following proper procedures. There are several legal restrictions and requirements that must be met for a Section 21 notice to be valid.
Key Restrictions on Serving a Section 21 Notice
1. Tenancy Type
A Section 21 notice can only be served if the tenancy is an assured shorthold tenancy (AST). Most private residential tenancies in England and Wales are ASTs, but there are exceptions. For example, if the tenant lives with the landlord (a lodger), or if the property is not the tenant’s main home, a Section 21 notice cannot be used.
2. Timing of the Notice
Landlords cannot serve a Section 21 notice during the fixed term of the tenancy unless there is a break clause in the tenancy agreement that allows for early termination. If there is no break clause, the landlord must wait until the fixed term has ended before serving the notice.
Even after the fixed term has ended, landlords must provide tenants with at least two months' notice. This notice period is a legal requirement, and failing to provide sufficient notice can render the Section 21 notice invalid.
3. Deposit Protection
If the tenant has paid a deposit, the landlord must have protected it in a government-approved tenancy deposit protection (TDP) scheme within 30 days of receiving it. Additionally, the landlord must provide the tenant with prescribed information about the deposit, including details of the TDP scheme used.
If the landlord fails to comply with these deposit protection requirements, they cannot serve a valid Section 21 notice until the deposit is either returned to the tenant or properly protected.
4. Provision of Required Documents
Landlords are required to provide tenants with certain documents before serving a Section 21 notice. These include:
- A valid Energy Performance Certificate (EPC) for the property (unless exempt).
- A current gas safety certificate (if the property has gas appliances).
- The government’s "How to Rent" guide.
Failure to provide these documents can invalidate a Section 21 notice.
5. Retaliatory Evictions
In some cases, serving a Section 21 notice may be considered a "retaliatory eviction," which is illegal. Retaliatory evictions occur when a landlord tries to evict a tenant in response to a legitimate complaint about the property’s condition. If a tenant has made a formal complaint about the property (e.g., to the local council), and the council has issued an improvement notice or emergency works notice, the landlord cannot serve a Section 21 notice for six months.
6. Licensing Requirements
If the property is in an area that requires selective licensing or is a house in multiple occupation (HMO) that requires a license, the landlord must have the appropriate license before serving a Section 21 notice. Serving a Section 21 notice without the required license is not valid.
7. Rent Repayment Orders
If a landlord has been issued a rent repayment order (RRO) for failing to comply with licensing requirements or other legal obligations, they may be prohibited from serving a Section 21 notice for a certain period.
8. Form of the Notice
The Section 21 notice must be served using the correct form. For tenancies in England, landlords must use Form 6A. In Wales, the form depends on when the tenancy began. Using the wrong form can invalidate the notice.
9. Expiry of the Notice
A Section 21 notice is only valid for six months from the date it is served. If the landlord does not apply to the court for a possession order within this period, the notice expires, and a new one must be served.
10. COVID-19 Temporary Restrictions
During the COVID-19 pandemic, the UK government introduced temporary measures that affected Section 21 notices. These included extended notice periods and restrictions on evictions during lockdowns. While many of these measures have now been lifted, landlords should stay informed about any changes to eviction laws, especially in times of crisis.
What Happens After a Section 21 Notice is Served?
If the tenant does not vacate the property by the date specified in the Section 21 notice, the landlord must apply to the court for a possession order. The court will then issue a possession order if the Section 21 notice is valid and all legal requirements have been met.
If the tenant still refuses to leave, the landlord can apply for a warrant for possession, which allows bailiffs to evict the tenant.
Tenant Rights and Protections
Tenants have certain rights and protections when it comes to Section 21 notices. For example:
- Tenants can challenge a Section 21 notice in court if they believe it is invalid.
- Tenants can seek advice from organizations like Shelter or Citizens Advice if they are facing eviction.
- Tenants may be entitled to compensation if the landlord fails to comply with deposit protection requirements.
Proposed Changes to Section 21
The UK government has proposed abolishing Section 21 evictions as part of its Renters’ Reform Bill. The aim is to provide greater security for tenants and prevent no-fault evictions. If this legislation is passed, landlords will need to rely on other grounds for eviction, such as rent arrears or breach of tenancy terms.
Conclusion
While Section 21 notices provide landlords with a way to regain possession of their property without proving fault, there are significant restrictions and legal requirements that must be followed. Landlords must ensure they comply with deposit protection rules, provide the necessary documents, and serve the notice correctly and at the right time. Tenants, on the other hand, should be aware of their rights and seek advice if they believe a Section 21 notice is invalid or unfair.
As the rental market continues to evolve, both landlords and tenants should stay informed about changes to eviction laws and their respective rights and responsibilities. Whether you are a landlord or a tenant, understanding the intricacies of Section 21 notices is essential for navigating the complexities of the rental market. Report this page