This legal notice informs tenants that their tenancy is going to end and the landlord is going to take repossession of the property. Section 21 notice is commonly known as a ‘no fault notice’.
Learn more about Section 21 notice
What is a section 21 notice?
Why do I need a section 21 notice?
As a landlord, there may be times when you need to give your residential tenants a notice to vacate your property. This may be because their tenancy is coming to the end of its term, because you need your property back from a tenant on a rolling tenancy, or when a tenant has breached the tenancy agreement by causing damage or not paying their rent. The correct use of a section 21 notice will help to ensure that a landlord takes possession of their property safely and legally. Protect yourself with this simple eviction notice.
When should I use a section 21 notice?
You should use a section 21 notice to gain possession of a rented property let under an assured shorthold tenancy (AST). You can use a section 21 notice (Form 6A) for periodic or fixed term tenancy. You can serve a section 21 in contemplation of a fixed term tenancy coming to an end up to 2 months prior to the eviction date.
Please note that if you plan to serve the notice between 26 March until 30 September, you must give the tenants at least three months’ notice under the Coronavirus Act 2020.
What if I cannot use a section 21 notice?
If the tenancy is within the fixed term or the initial six months you can use a section 8 notice if you satisfy one of the grounds for it. For more information read Section 8 notice.
How much notice should I give a tenant?
For a section 21 notice, you must give the tenant a minimum notice of 2 months. This means the tenant must physically receive the notice 2 months before they have to move out.
Please note that if you plan to serve the notice between 26 March until 30 September, you must give the tenants at least three months’ notice under the Coronavirus Act 2020.
What does the Coronavirus Act 2020 mean for me?
The Act has increased the notice period required for section 21 eviction notices to three months during the ‘relevant period’. This refers to the period from 26 March until 30 September and may be extended by the Government.
This means that you must give the tenants at least three months’ notice. If the tenants don’t leave the property by the date specified in the notice, then you can apply to the court for a possession order. You can’t force your tenants to leave without a court order.
From the 27 March onwards, all eviction proceedings will be suspended for 90 days until the 25 June and the Government has urged landlords not to start or continue any eviction proceedings during this time without a good reason.
Who is covered by the suspension of possession claims?
All tenants and licensees that are protected under the Protection from Eviction Act 1977 will be protected by the Coronavirus Act 2020.
This includes most tenants in social housing and residential properties and some licensees, but excludes lodgers, holiday lets, and asylum seeker accommodations.
I issued an eviction notice before the Coronavirus Act 2020 was implemented, what will this mean?
As all court proceedings have been suspended until the 25 June, you can’t begin or continue eviction proceedings unless you have a good reason. While eviction notices issued before the 27 March are not affected by the new notice requirement, eviction proceedings will be subject to the 90-day suspension. As such, you should be mindful of your tenants’ situation and can’t expect them to move out.