Introduction
If you’re a tenant in England or Wales, you may have heard of Section 21 notices, sometimes referred to as ‘no-fault evictions.’ But with all the changes in housing laws in recent years, many people are wondering: are Section 21 notices still legal? In this blog, we’ll break down the current legal status of Section 21 notices, what might change in the future, and what it means for tenants.
Are Section 21 Notices Currently Legal?
Yes, Section 21 notices are still legal at the time of writing. Landlords can issue a Section 21 notice to evict tenants without needing to provide a specific reason, as long as they follow the correct legal procedures. However, tenants still have rights, and there are certain situations where a Section 21 notice could be invalid, such as if the landlord hasn’t protected the deposit or provided the required legal documents.
What Might Change?
The government has announced plans to abolish Section 21 notices as part of their ongoing reforms to improve tenant protections. This change is expected to be part of the Renters’ Reform Bill, which will replace Section 21 with a fairer system. Although these plans are still under discussion, it’s important to stay informed about any updates to housing law, as they could impact both tenants and landlords in the future.
Until Section 21 notices are officially abolished, landlords must still follow strict rules for them to be valid. Tenants should always check if their notice has been served correctly and seek advice if they believe there’s an issue.
How to Check If Your Section 21 Notice Is Valid
Here are a few things to check to ensure a Section 21 notice is valid:
- Deposit Protection: The landlord must have protected your deposit in a government-approved scheme.
- Documents Provided: You must have received key documents such as the Energy Performance Certificate, Gas Safety Certificate, and the ‘How to Rent‘ guide.
- Proper Notice Period: The landlord must give you at least two months’ notice before you need to vacate the property.
- Correct Form: The notice should be given in writing, using the correct Section 21 form (Form 6A).
Conclusion
For now, Section 21 notices remain legal, but change may be on the horizon. While Tenant Angels specialises in deposit protection claims, we encourage all tenants to stay informed about their rights regarding evictions. If you have concerns about the validity of a Section 21 notice, it’s always a good idea to seek expert advice.
FAQs
Yes, as of now, landlords can still serve Section 21 notices, but they must follow strict legal rules.
The government plans to introduce a new system as part of the Renters’ Reform Bill, but details are still being discussed.
Yes, if the landlord hasn’t followed the correct procedures or provided the necessary documents, the notice could be invalid.
A Section 21 notice must give you at least two months to vacate the property.
Check if the notice is valid and seek advice from a housing advisor if you’re unsure.
Would you like to find out whether your tenancy deposit was protected correctly?
We specialise in helping tenants make successful compensation claims when your landlord or letting agent has failed to protect your deposit correctly.
The law is very black and white when it comes to deposit protection and states that your deposit must be protected in one of the three government-backed schemes within 30 days of you paying it and it should remain protected until the day you move out.
Claims can be worth up to 3x your deposit, plus the full return of your deposit on top. For example, if you paid a £1,000 deposit, you may be able to claim £3,000 + your £1,000 deposit back.
Use our FREE online eligibility checker to see if you could be owed compensation.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice or a client-solicitor relationship. All information, content, and materials available on this website are for general information purposes only and should not be used as the basis for taking any specific course of legal action.
