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Tenancy Section 21 Eviction Notice Full Guide 2024

 
18/09/2024

What is section 21 eviction notice?

A section 21 notice is a legal document that a landlord can use to evict a tenant in England. It's the first step a landlord takes to make a tenant leave their home. 

Section 21 is issued when a landlord wants to regain possession of a property and they have the right to do so in a break clause or end of a tenant's agreement and for no particular reason.


Does Section 21 notice has a template? What is Section 21 notice form 6A?

The landlord or letting agent must use form 6a, or you can write your own Section 21 notice that includes the same information. Please click here for the section 21 eviction 6a template.


When can a landlord use it?

A Landlord can use a Section 21 notice to evict the tenants either:

  • After a fixed term tenancy ends - if there’s a written contract

  • During a tenancy with no fixed end date - known as a ‘periodic’ tenancy

When can't a landlord use it?

The landlord or letting agent cannot use a Section 21 notice if any of the following apply:

  • It’s less than 4 months since the tenancy started, or the fixed term has not ended, unless there’s a clause in the contract which allows the landlord to do this

  • The property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the council

  • The tenancy started after April 2007 and the landlord have not put the tenants’ deposit in a deposit protection scheme

  • The council has served an improvement notice on the property in the last 6 months

  • The council has served a notice in the last 6 months that says it will do emergency works on the property

  • The landlord have not repaid any unlawful fees or deposits that the landlord or letting agent charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019

The landlord also cannot use a Section 21 notice if the landlord have not given the tenants copies of:

The landlord must have given the tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.

 

The landlord must have given the tenants a copy of the property’s Energy Performance Certificate before they rented the property.


How long is the section 21 notice period?

A Section 21 notice must give the tenants at least 2 months’ notice to leave the property.

 

The landlord may need to give a longer notice period if he/she have a ‘contractual’ periodic tenancy. This is a fixed term tenancy that has ended, but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period, if this is more than 2 months. For example, if the tenant pays rent every 3 months, the landlord must give 3 months’ notice.


Will Section 21 be abolished?

Many people are asking when will Section 21 eviction notice be scrapped?

 

Currently it is still valid. The Renters' Rights Bill is expected to come into force in summer 2025 or spring 2026, making the most significant changes to the private rented sector in over 30 years.

 

Amongst other things, the Bill will -

•  Abolish Section 21;

•  Change the type of tenancy the landlord can offer;

•  Introduce a new Decent Homes Standard to the PRS;

•  Change advertising practices; and 

•  Significantly strengthen local authority enforcement powers.

 

We will update this page once the bill has been abolished.

 

If you need any solicitor recommendation, please click here for more information.

 
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