Section 21 notices are used to evict tenants. They are more commonly used than, and differ from, another type of eviction notice – the Section 8. The latter is only used when tenants have actually broken the terms of their tenancy agreement.
When can Section 21 be used?
Section 21 notices can be used to evict tenants as follows:
- After the end of a fixed term tenancy, where a written contract exists
- During a ‘periodic’ tenancy, which is a tenancy with no fixed end date
When can Section 21 NOT be used?
There is a fairly comprehensive list of reasons why a Section 21 notice may not be used. These include, but are not limited to, any of the following:
- The tenancy started under six months ago
- A fixed term has not ended
- An HMO (House in Multiple Occupation) property does not have the correct licence
- The council has served either an improvement or an emergency works notice on the property in the last six months
- The tenant’s deposit is not in a Deposit Protection Scheme
- The landlord has not given the tenant copies of the Energy Performance and Gas Safety Certificates, or a ‘How to Rent’ government guide
How to serve a Section 21 notice
If the tenancy was started or renewed BEFORE September 30th, 2015, a landlord can write their own notice. If the tenancy started or as been renewed SINCE this date, landlords must fill in tenancy Form 6A. Landlords must give at least two months’ notice, and retain proof that they have given the notice to their tenants.