When it comes to renting out a property, landlords need to be familiar with the legal procedures for ending a tenancy. One of the most common ways of doing this is by issuing a section 21 notice, also known as a no-fault eviction. This article will explore the process of issuing a section 21 notice, the requirements that landlords need to meet, and the implications for tenants.
What is a Section 21 notice?
A Section 21 notice is a formal notice served by a landlord to terminate an assured shorthold tenancy (AST) agreement. Unlike a Section 8 notice, which is used to evict tenants for breaching the terms of the tenancy agreement, a Section 21 notice does not require the landlord to provide a reason for asking the tenant to leave. This means that landlords can issue a Section 21 notice even if the tenant has been paying rent on time and abiding by the terms of the tenancy agreement.
Requirements for issuing a section 21 notice
In order to issue a Section 21 notice, landlords must meet certain requirements set out in the Housing Act 1988. These include:
1. The tenancy must be an assured shorthold tenancy (AST) – Section 21 notices can only be used to terminate AST agreements. If the tenancy is not an AST, then landlords will need to use a different legal procedure to end the tenancy.
2. The fixed term of the tenancy must have come to an end – Landlords cannot issue a Section 21 notice during the fixed term of the tenancy. However, they can give notice during a periodic tenancy once the fixed term has expired.
3. Provide at least two months’ notice – Landlords must give tenants at least two months’ notice when issuing a Section 21 notice. This notice period must end on the last day of the tenancy period, which is usually the day before the rent is due.
4. Ensure that the deposit has been protected – Landlords must have protected the tenant’s deposit in a government-approved deposit protection scheme. If the deposit has not been protected, landlords cannot issue a Section 21 notice.
5. Provide tenants with a copy of the latest version of the government’s “How to Rent” guide – Landlords must give tenants a copy of the guide before issuing a Section 21 notice. This is to ensure that tenants are aware of their rights and responsibilities as renters.
Implications for tenants
Receiving a Section 21 notice can be a stressful experience for tenants, as it means that they will need to find a new place to live within a relatively short period of time. However, it’s important for tenants to understand their rights in this situation. For example, landlords cannot evict tenants without following the correct legal procedures, even if they have issued a Section 21 notice.
Tenants who receive a Section 21 notice should check that the notice is valid and that the landlord has met all the necessary requirements. If there are any discrepancies or if the landlord has failed to comply with the law, tenants may be able to challenge the eviction in court.
In some cases, tenants may also be eligible for a period of extended notice under the Coronavirus Act 2020. This means that landlords are required to give tenants at least six months’ notice before seeking possession through the courts, providing tenants with more time to find alternative accommodation.
Overall, issuing a Section 21 notice is a formal legal procedure that landlords must follow in order to end a tenancy agreement. By understanding the requirements and implications of issuing a Section 21 notice, landlords can ensure that they are acting in compliance with the law while also respecting the rights of their tenants.