Section 21 Eviction: A Landlord’s Guide To Removing A Tenant

A landlord sometimes has the need to evict tenants from their property and the correct notice must be issued to evict tenants legally. This blog will tell you all about Section 21 eviction notices, how they are used, the correct way to use a Section 21 notice, and what happens if a tenant does not leave after a Section 21 notice has been issued.

Table of Contents

What is a Section 21 Eviction Order?

A Section 21 eviction order, or notice, is used by a landlord to evict tenants from their property. A Section 21 notice is the most common way to evict tenants from a property under an Assured Shorthold Tenancy, which is also the most common form of tenancy contract. Under a Section 21 notice, a landlord does not have to give a reason for wanting the tenants of a property to leave, but there are various rules and stipulations for a Section 21 notice to be valid.

When To Use a Section 21 Notice

For all current tenancy contracts that were signed or renewed on or after 1st October 2015, a Section 21 notice must be issued using Form 6a, which can be downloaded from gov.uk. You can use a Section 21 notice after a fixed-term tenancy ends, or during a periodic tenancy that has no fixed end date. After a Section 21 notice has been issued, the tenants have two months to move out of the property, unless there is a contractual periodic tenancy in place where the rental period is more than two months. For example, If the tenant pays rent every 6 months, the notice length would then be 6 months.

You cannot use a Section 21 notice to evict tenants if:

The tenancy started less than 4 months ago
A fixed-term tenancy has not ended (except if there is a break clause specified in the contract)’
The property is a house in multiple occupation (HMO) and the landlord has no HMO licence from the local council
The landlord has not issued an EPC certificate, gas safety certificate, and the government’s How To Rent guide
The landlord has any unpaid, unlawful fees or deposits they charged to the tenant under the Tenant Fees Act 2019
The tenant deposit is not in a deposit protection scheme and the tenancy started after April 2007
If a council has served a notice within the next 6 months saying they will be doing emergency works on the property
If the landlord has been given improvement notices under Sections 11 or 12 of the Housing Act 2004
If the tenant has made a complaint in writing to the landlord regarding the condition of the property and the landlord either did not respond or gave the notice after the complaint was issued

What’s the Difference Between a Section 21 and a Section 8 Notice?

A Section 21 notice is used when the landlord wants the tenants to leave the property for any reason, which does not need to be given. As long as the above is fulfilled, the Section 21 notice is valid and tenants must leave within two months from the notice being issued. A

Section 8 notice is used when the landlord seeks to evict tenants for breaking the terms of the tenancy. This is usually used for non-payment of rent for at least 2 months or consistently late rent payments. Section 8 is also used for evicting tenants who do not have the right to rent in the UK due to their immigration status, for intentional damage or anti-social behaviour, or for using the property for criminal activities. Section 8 is also used by landlords who wish to change the use of the property, e.g. they want to move in themselves, the property is being redeveloped, or the type of let is changing such as to a student or holiday let.

How Long Does Eviction Take After a Section 21?

The usual period between receiving the notice and having to leave the property is two months, providing the notice is valid. The tenant may choose to leave before this time, in which case they should inform the landlord of their leaving date. If the tenant requests to stay longer than two months, and the landlord agrees, they do not need to serve another Section 21 notice but both parties must agree upon the extension in writing. If more than 6 months pass after the original notice issue date and the tenant has not moved out, the landlord will need to issue another Section 21 notice.

FAQ: Can a tenant appeal a Section 21 notice?

A tenant can appeal a Section 21 notice if any of the caveats above apply such as not having an EPC certificate or the landlord did not use the correct eviction form. The tenant can contact their local council to appeal the notice, or if the landlord takes them to court when they do not leave after the notice period, they can make their case to remain in court.

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How Long Does Eviction Take After a Section 21?

If the tenant does not leave the property in time, the landlord can take them to court and obtain a possession order for the property within 6 months of the Section 21 notice being issued. The most common and straightforward way is the ‘accelerated procedure’. The first step is to obtain written proof that the landlord issued the Section 21 notice – this can be done by completing an N215 Certification of Service form. Once this form is completed, the landlord can apply for an accelerated possession order by completing the N5B form. The court should provide the landlord with a ‘Notice of Issue’ within two weeks of applying for the possession order. The court may grant a possession order to the landlord without the need for a court hearing if everything is in order and the notice was indeed serviced correctly, but if this is not clear, a hearing may be required and the court could decide in either party’s favour. If the landlord obtains the possession order, they can complete a N325 form to request a warrant for possession of land, and to apply for a bailiff to evict the tenant. These court proceedings and bailiffs are not free, although landlord’s insurance may cover some or all of these costs.

Legal Updates to Section 21 Evictions

The previous Conservative government had plans to abolish ‘no fault’ Section 21 evictions under their proposed Renter’s Reform Bill, but this law did not get passed before the general election in July 2024. The current Labour government has similar plans to abolish Section 21 evictions as part of their new Renter’s Rights Bill, but it will be some time before this law passes and its exact contents are not guaranteed. For now, landlords can still use Section 21 notices to evict tenants.

Understanding the proper use of a Section 21 notice is crucial for landlords to legally evict tenants. By following the correct procedures and staying informed about legal updates, landlords can ensure a smooth and lawful eviction process.

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