As a landlord, understanding the laws and regulations surrounding the eviction process is crucial to protecting your investment and ensuring a smooth tenancy. One key aspect of eviction that landlords must be familiar with is Section 21 of the Housing Act 1988, commonly referred to as “section 21.” This provision allows landlords to evict tenants without providing a reason, provided they follow the correct procedures. In this guide, we will provide an overview of section 21 for landlords, including when and how it can be used.
What is Section 21?
Section 21 gives landlords in England and Wales the right to evict tenants at the end of their fixed-term tenancy agreement or during a periodic tenancy without having to provide a reason for the eviction. This is known as a “no-fault” eviction, as it does not require the tenant to have breached the terms of the tenancy agreement.
When can Section 21 be used?
Landlords can use Section 21 to evict tenants in two main situations:
1. End of fixed-term tenancy: If a tenant is on a fixed-term tenancy agreement, landlords can issue a Section 21 notice to terminate the tenancy at the end of the fixed term. The notice must give the tenant at least two months’ notice before the date on which the landlord wants the tenant to leave.
2. Periodic tenancy: If a fixed-term tenancy rolls over into a periodic tenancy, landlords can still use Section 21 to end the tenancy. The notice period remains at two months, but the notice must expire at the end of a rental period.
It’s important to note that landlords cannot use Section 21 within the first four months of a tenancy or if the property does not meet the required standards, such as failing to have an Energy Performance Certificate or a gas safety record.
How to issue a Section 21 notice
To issue a Section 21 notice, landlords must follow a specific process to ensure it is legally valid:
1. Provide the tenant with a copy of the “How to Rent” guide: Before serving a Section 21 notice, landlords must ensure that they have provided the tenant with the current version of the government’s “How to Rent” guide. Failure to do so can invalidate the notice.
2. Use the correct form: Landlords must use either Form 6A (for properties in England) or Form 6A (for properties in Wales) to serve a Section 21 notice. The notice must be in writing and clearly state that it is being served under Section 21 of the Housing Act 1988.
3. Serve the notice correctly: The Section 21 notice must be served to the tenant in person or by post. Landlords should keep a record of how and when the notice was served in case it is challenged in court.
4. Check the notice period: Landlords must ensure that the notice period is at least two months and that the notice expires at the end of a rental period for periodic tenancies.
What happens after serving a Section 21 notice?
Once a Section 21 notice has been served, landlords must wait for the notice period to expire before taking any further action. If the tenant does not move out by the end of the notice period, landlords can apply to the court for a possession order.
It’s important to note that landlords cannot evict tenants without a court order, even if the notice period has expired. Landlords must follow the legal process to regain possession of the property, which can involve attending a court hearing and obtaining a warrant for possession from the court.
When issuing a Section 21 notice, landlords must also be aware of the Tenant Fees Act 2019, which prohibits landlords from charging certain fees to tenants, including fees for evictions. Landlords who breach the ban on fees could face financial penalties or prosecution.
In conclusion, Section 21 is a valuable tool for landlords to use when seeking to evict tenants without cause. By understanding the requirements and procedures for issuing a Section 21 notice, landlords can navigate the eviction process smoothly and efficiently. However, it’s essential to follow the legal requirements and seek advice if needed to avoid potential pitfalls and ensure a successful outcome for both parties.