What is the Section 21 eviction process
This a legal procedure that landlords in the UK commonly use to recover possession of their rented property from tenants
The rules will change considerably with the advent of the Renters (Reform) Bill and the eventual removal of Section 21 evictions, but at the time of writing (July 2023) it looks like it will be some time before this becomes law.
To read more about the proposed changes and how they will impact tenancies, read our separate article, ‘Renters (Reform) Bill: what’s happening to evictions and Section 21?’ In the meantime landlords and agents can still rely on the relatively straightforward process of evictions using the Section 21 process.
Section 21 is often referred to as the “no-fault” eviction process, but clearly this is not a “no reason” eviction process, because as stated above, there is always a reason for its use. And although this is also referred to as an “accelerated possession” process, it is by no means quick: from giving notice (two months) it can take on average six to nine months for landlords to get vacant possession.
Nevertheless, Section 21 has a degree of certainty about it because providing all the prerequisites and legal protocols are complied with, possession is pretty much certain. It’s not open to the discretion of a judge.
You can serve a Section 21 notice to end an AST - providing six months is up, or a longer contracted tenancy term has ended - without providing a reason or ground for possession. If a landlord serves a valid notice on a tenant the court must make out a possession order.
Sometimes landlords are forced to issue Section 21 notices so that tenants can be re-housed by their local council. Tenants make themselves voluntarily homeless if they leave before they are evicted, which means that the council won’t rehouse them.
A Section 21 notice served for fixed term and statutory periodic tenancies using the correct form must give at least two months' notice – it cannot usually be served within the first four months of the tenancy. A statutory periodic tenancy arises automatically when a fixed term assured shorthold tenancy ends. A Section 21 notice served during the fixed term remains valid in a subsequent statutory periodic tenancy.
The notice must not expire before the last day of the fixed term, which means it cannot be served within the first four months of a six month AST tenancy, or when the fixed term has not ended, unless there is a clause in the tenancy agreement which allows this.
A landlord is not required to serve a Section 21 notice in any specific way. If the tenant does not acknowledge service, a landlord must prove that the notice was served. It is still not clear whether a valid notice can be served by email but this is likely possible where the tenant has agreed to accept notices by email, and it is always best to get acknowledgement of receipt.
The tenancy agreement should define agreed methods of service. Section 196 of the Law of Property Act 1925 allows for valid service of notices to be made by registered post, recorded delivery, or personal delivery to the tenant's property. Bear in mind tenants may refuse to accept recorded delivery letters.
Tenants will sometimes deny they received the notice. For this reason it is important for landlords to keep copies and proof of postage for all correspondence, or deliver the notice in person.
If the Section 21 notice is not valid because the following rules were not complied with, tenants could have a defence against possession proceedings so it’s important to make sure you’ve followed the correct process when evicting a tenant. The eviction process requires that certain documents are served before or at the start of the tenancy.
To legally evict your tenant, you need to comply with the following rules:
It is not specified that the landlord / agent must provide an Electrical Installation Condition Report (EICR) for a Section 21 possession claim but it must be in place and it’s probably a good idea to do so.
Contact Landlord Action’s team of solicitors and legal advisers on 0371 454 2658 or visit the website for more information.
