Section 21 Eviction Notice

What is a Section 21 Notice?

A Section 21 notice, sometimes called a 'no-fault eviction notice', is a legal document that allows landlords to regain possession of their property without having to prove any wrongdoing by the tenant. This type of notice can only be used after a fixed-term tenancy ends, or during a periodic tenancy.

When to Use a Section 21 Notice

Section 21 notices are typically used in the following situations:

• When a fixed-term tenancy has ended and you don't want to renew
• During a periodic (month-to-month) tenancy
• When you want to sell the property
• When you need to move back into the property yourself
• When you need to carry out major renovation work

The Section 21 Process

The process for serving a Section 21 notice involves several steps:

1. Pre-notice requirements: Ensuring all legal requirements have been met before serving the notice, including having protected the tenant's deposit, provided an EPC, gas safety certificate, and How to Rent guide.
2. Preparing the notice: Using the correct form (Form 6A) and including all required information.
3. Serving the notice: Giving the tenant the correct notice period (usually 2 months) and having proof of service.
4. Court proceedings: If the tenant doesn't leave, applying for a possession order through the courts.
5. Bailiff enforcement: If necessary, arranging for county court bailiffs to evict the tenant.

Legal Requirements for Section 21

For a Section 21 notice to be valid, you must have:

• Protected the tenant's deposit in a government-approved scheme
• Provided the tenant with prescribed information about their deposit
• Given the tenant a copy of the property's Energy Performance Certificate (EPC)
• Provided a gas safety certificate (if applicable)
• Given the tenant the latest version of the government's How to Rent guide
• Complied with any licensing requirements for the property

Failure to meet any of these requirements can invalidate your Section 21 notice and significantly delay the eviction process.

Why Choose Us for Section 21 Notices

Section 21 legislation has become increasingly complex in recent years, with many potential pitfalls that can invalidate your notice. Our panel of specialist solicitors ensure that:

• All pre-notice requirements have been fulfilled
• The correct notice form is used (Form 6A)
• The notice is served correctly with proper evidence
• The appropriate notice period is given
• All documentation is ready for court proceedings if necessary

With our expertise, you can navigate this complex process efficiently and minimize the risk of delays or rejected notices.