A Section 21 notice is one of the most common ways landlords can begin to repossess a property. It’s essential for both landlords and tenants to understand what happens after a Section 21 notice is served, what rights and responsibilities each party has, and how the process unfolds. In this guide, we'll walk you through what to expect and all your options.
When can you receive a Section 21?
A Section 21 notice can be served to tenants renting under an assured shorthold tenancy (AST) in England or Wales. It allows a landlord to reclaim their property after the fixed-term tenancy ends or during a rolling (periodic) tenancy without needing to give a specific reason. There are strict rules about when and how a Section 21 can be issued:
The tenancy must be an assured shorthold tenancy.
The landlord must have complied with legal requirements, such as protecting the deposit in an approved scheme and providing the tenant with a valid Energy Performance Certificate (EPC), gas safety certificate, and the government’s How to Rent guide.
The notice must give the tenant at least two months to vacate the property.
If any of these conditions are not met, the notice may be invalid.
What happens after a Section 21 is served?
When a landlord serves a Section 21 notice, the clock starts on the process to regain possession of the property. The exact steps depend on the tenant’s actions and whether the notice complies with all legal requirements. Here’s a detailed breakdown of what happens:
1. The tenant receives the Section 21 notice
The landlord must provide at least two months’ notice before requiring the tenant to vacate. The notice should be served correctly, following the guidelines outlined in the Housing Act 1988.
2. Tenant reviews the notice’s validity
Tenants should immediately check whether the notice is valid. A Section 21 notice may be invalid if:
The landlord did not protect the deposit in a government-approved scheme.
Essential documents, such as the How to Rent guide or gas safety certificate, were not provided.
The notice was served during the initial fixed term (for some tenancies).
3. Tenant decides whether to leave or stay
The tenant can choose to vacate the property by the end of the notice period or remain and allow the landlord to take further legal action.
4. Landlord applies for a possession order
If the tenant does not leave voluntarily, the landlord must apply to the county court for a possession order. There are two routes:
Accelerated possession procedure: Used when there are no rent arrears, and the tenant has no defence. No hearing is required.
Standard possession procedure: Used if the tenant raises a defence or if the landlord claims rent arrears.
5. Court reviews the case
The court will examine the landlord’s application and decide if the notice was properly issued. If the landlord wins, the court issues a possession order, giving the tenant a set time to vacate, typically 14 days.
6. Bailiff eviction (if necessary)
If the tenant still refuses to leave, the landlord must apply for a warrant for possession, allowing bailiffs to carry out the eviction. This process may take additional weeks.
Tenant’s rights after a Section 21
A Section 21 notice does not mean the tenant must leave immediately. The law protects tenants, providing several important rights:
Right to stay until a court order is issued
Tenants have the right to remain in the property after the notice period ends. The landlord cannot force them to leave without first obtaining a possession order from the court.
Right to challenge an invalid notice
Tenants can challenge a Section 21 if the landlord failed to follow the proper legal process. Examples of issues that make a notice invalid include:
Deposit protection rules were not observed.
Essential safety certificates and legal documentation were not provided.
The notice was served as retaliation for reporting repairs or poor conditions (known as retaliatory eviction).
Right to reasonable notice of eviction
If a possession order is granted, tenants are entitled to a reasonable period (usually 14 days) to leave. Extensions can sometimes be granted in cases of hardship.
Next steps for tenants
If you receive a Section 21 notice, here are the next steps you can take:
Check if the notice is valid: Ensure all legal requirements have been met. If any conditions were breached, seek advice on challenging the notice.
Seek advice from housing organisations: Organisations like Shelter and Citizens Advice offer free legal advice.
Negotiate with your landlord: If you need more time to find a new home, consider negotiating an extension of the notice period.
Apply for local council support: If you’re at risk of homelessness, your local council has a duty to provide assistance.
What to do if your Section 21 is invalid
If a tenant believes a Section 21 notice they’ve received is invalid, it’s important to act promptly and correctly. Here are the key steps to take:
1. Identify the reason for invalidity
Common reasons a Section 21 notice might be invalid include:
Failure to protect the deposit: Landlords must place a tenant’s deposit in a government-approved scheme within 30 days of receipt. If this has not been done, the notice is invalid.
Missing or incorrect paperwork: The landlord must provide essential documents, including the How to Rent guide, a valid gas safety certificate, and an energy performance certificate (EPC).
Timing errors: In certain situations, a Section 21 notice cannot be served during the initial fixed term or within the first four months of a tenancy.
2. Contact your landlord
Pointing out the invalidity to the landlord in writing may encourage them to withdraw the notice or remedy any issues before proceeding. Keep records of all correspondence.
3. Seek legal advice
If the landlord refuses to withdraw the notice, tenants can consult a qualified landlord and tenant solicitor or organisations such as Citizens Advice, Shelter, or a local council’s housing team.
4. Prepare for court
If the landlord applies for a possession order, the tenant can defend the case by presenting evidence that the Section 21 notice was invalid. Courts will dismiss claims based on improperly served notices.
Next steps for landlords
Once a Section 21 notice has been served, landlords must follow a series of steps to regain possession of their property legally. Here’s a detailed guide to the process:
1. Wait for the notice period to expire
The tenant must be given a minimum of two months to vacate the property. The notice period cannot be shorter than this, even if the landlord wishes to expedite the process.
2. Apply for a possession order
If the tenant remains in the property after the notice period, the landlord must file an application for a possession order with the county court. The two main types are:
Accelerated possession procedure: Faster but only available if there are no rent arrears or disputes.
Standard possession procedure: Required if rent arrears exist or if the tenant raises a defence.
3. Attend court (if required)
In some cases, a hearing may be necessary. Landlords should bring all relevant documents, including the Section 21 notice, tenancy agreement, and proof of deposit protection.
4. Apply for a warrant of possession
If the court grants a possession order but the tenant still does not leave, landlords must request a warrant of possession. This allows bailiffs to carry out the eviction.
FAQs
What happens if a tenant doesn’t leave after a Section 21?
If a tenant refuses to leave, the landlord must obtain a possession order from the court. The tenant can remain until the order is granted and enforced by bailiffs.
Final thoughts
Receiving or issuing a Section 21 notice marks the beginning of a process that must follow clear legal guidelines. Understanding your rights, obligations, and next steps is essential whether you are a tenant or landlord. Seek professional advice to navigate any challenges and ensure a fair and lawful outcome.
References
Disclaimer: Please note this article is intended for informational purposes only. We do not accept any liability for errors, omissions or misstatements. Always seek advice from a professional.