What is a section 21 notice?
Section 21 evictions enable landlords to ask renters to leave their home with just two months’ notice, without having to give a reason.
The government has pledged to outlaw these evictions in its Renters’ Reform Bill, which was due to reach Parliament this May but is currently delayed.
If you’re served with a section 21 eviction notice, these are the steps you can take.
1. Check the section 21 eviction notice is valid
If you receive a section 21 eviction notice and do not want to leave your home, the first thing you should do is check that the notice is valid.
What makes a section 21 notice invalid?
The section 21 notice is not valid if:
It is not written on Form 6A or in a letter that contains the same information (see the government's guidance for how a Form 6A should be written)
If you receive it during the first four months of your original tenancy
If you live in a home that needs a licence and your landlord doesn't have one
If you have a fixed term tenancy
If your deposit hasn't been protected - or if your landlord didn't give you information about how it was protected (unless your landlord has already repaid it to you)
If your landlord hasn't given you current copies of the gas safety certificate and energy performance certificate for your property and a copy of the government’s How to rent guide, provided your tenancy started or was renewed after 1 October 2015
If your landlord took a deposit of more than five weeks’ rent or charged you any banned fees
If certain repairs to the property have been order by the council
2. Decide if you want to leave voluntary
If the notice is valid, you should have been given two months from the date of the notice to the date you have to leave by.
If you decide to leave the property early before the date on the notice, bear in mind that you’ll need to keep paying your rent until the day your tenancy ends.
However, you may be able to reach an agreement with your landlord to end the tenancy early - called ‘surrendering your tenancy’.
You can also give valid notice to end your tenancy before the section 21 notice date.
In either of these cases, if you and your landlord agree to end the tenancy early in writing, you won’t be responsible for paying the rent beyond the date you leave.
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3. Enter into discussions with your landlord
If you need longer to find somewhere new to live, it’s worth talking to your landlord to see if you can agree a later date on which you will voluntarily move out.
This will give you longer to find a new home and will save your landlord from spending time and money pursuing you through the courts.
Shelter’s website contains advice and template letters to help you negotiate with your landlord.
4. Wait for your landlord to take action through the courts
If you don’t leave your home by the date on your section 21 notice, for example if you wish to challenge it, you’ll be issued with papers from the court.
Going through the courts can take several months and the court will then decide if you can stay in your home.
Be aware that if your landlord does take legal action, you may face court costs if the court finds in their favour.
These are likely to be around £500 if you are evicted by bailiffs, and more if there is a court hearing.
Find out more about what you can do if you’re served with a Section 21 notice from Citizens Advice.
Families facing homelessness due to no-fault evictions jumps by 50% in 2022
Shelter has recently revealed that the number of renters facing homelessness as a result of ‘no-fault’ evictions soared by 50% in 2022.
A total of 24,060 households in England were threatened with homelessness after being served a section 21 ‘no-fault’ notice during the year, up from 16,030 in 2021.
When will the Renters’ Reform Bill become law?
The government had signalled the Renters' Reform Bill, which aims to bring an end section 21 evictions, would be introduced to Parliament in the second week of May, but it is understood to have been delayed due to procedural issues.
It was included in the Queen’s Speech in May last year, which means it will be part of the government’s legislative programme during the current session of Parliament.
The Conservatives also made it a manifesto commitment to abolish ‘no fault’ evictions.
Once it is introduced, the bill is likely to take several months to work its way through Parliament and become law.
Polly Neate, chief executive of Shelter, said: “Renters have been promised these reforms for four long years, they can’t wait any longer.”