What is a Section 21 Notice?

A Section 21 notice, also known as a ‘notice to quit’, is a formal notification that a landlord wants to regain possession of a property from a tenant at the end of an Assured Shorthold Tenancy (AST). This type of notice is often referred to as a “no-fault” eviction because the landlord does not need to provide a reason for wanting to take back the property.

What Renders a Section 21 Notice Invalid?

Several factors can render a Section 21 notice invalid. It is crucial for landlords to ensure they comply with all legal requirements to avoid complications. Here are the key points that can invalidate a Section 21 notice:

1. Incorrect Service of Notice: The notice must be served correctly, using the prescribed Form 6A for tenancies started or renewed after 1 October 2015.
2. Deposit Protection: The tenant’s deposit must be protected in a government-approved scheme within 30 days of receipt. The landlord must also provide the tenant with the prescribed information about the deposit protection.
3. Required Documents: The landlord must have provided the tenant with the following documents at the start of the tenancy:
   • A valid Energy Performance Certificate (EPC)
   • A valid Gas Safety Certificate
   • The latest version of the government’s ‘How to Rent‘ guide
4. Licences: If the property is a House in Multiple Occupation (HMO) or is located in an area with selective licensing, the landlord must have the correct licence.
5. Retaliatory Eviction: If the tenant has complained about the condition of the property and the landlord has not addressed the issue, serving a Section 21 notice may be seen as a retaliatory eviction, which is illegal.
6. Banned Fees: The landlord must not have taken any banned fees from the tenant.

When Does a Section 21 Notice Expire?

A Section 21 notice must provide the tenant with at least two months’ notice. However, the notice cannot take effect until the end of the fixed term of the tenancy. Here are some key points regarding the expiration of a Section 21 notice:

1. Fixed Term Tenancies: The notice can be served during the fixed term, but it cannot require the tenant to leave before the end of the fixed term.
2. Periodic Tenancies: For periodic tenancies, the notice must provide at least two months’ notice and must align with the rental period.
3. Court Application: If the tenant does not leave by the date specified in the notice, the landlord will need to apply to the court for a possession order.

Key points summarised

Serving a valid Section 21 notice requires careful attention to detail and compliance with all legal requirements. Landlords must ensure they have protected the tenant’s deposit, provided all necessary documents, and obtained any required licences. Failure to meet these requirements can render the notice invalid and delay the process of regaining possession of the property.

If you need further advice on Section 21 notices or other aspects of letting or renting property, please do not hesitate to contact Jon Gilbert of this firm.