Introduction
If you’ve recently received a Section 21 eviction notice, you might be feeling stressed or confused about what to do next. Don’t worry, you’re not alone! Many tenants find themselves in this situation, and understanding what a Section 21 notice is, and what your rights are, can help you feel more confident about your next steps. In this blog, we’ll break it down in simple terms so you know exactly what you’re dealing with.
What is a Section 21 Eviction Notice?
A Section 21 eviction notice is a legal document that landlords in England and Wales can use to ask a tenant to leave the property. Unlike other types of eviction notices, a Section 21 does not require the landlord to provide a reason for ending the tenancy. It’s often referred to as a ‘no-fault eviction,’ meaning you haven’t done anything wrong.
When Can a Section 21 Notice Be Used?
A Section 21 notice can only be used under certain conditions. Here are some key rules:
- The tenancy must be an assured shorthold tenancy (AST).
- The landlord must give you at least two months’ notice.
- Your landlord cannot serve a Section 21 during the first four months of the tenancy.
- The notice must be in writing and must follow certain legal requirements.
- The landlord must have followed all legal obligations, such as protecting your deposit in a government-approved scheme.
What Should You Do If You Receive a Section 21 Notice?
Receiving a Section 21 notice can feel overwhelming, but there are steps you can take to make sure you’re protected. Here’s what you should do:
- Check if the notice is valid. Make sure your landlord has followed all the legal steps, like protecting your deposit or providing an up-to-date Gas Safety Certificate.
- Don’t ignore the notice. A Section 21 notice doesn’t mean you have to leave immediately. It gives you two months to find a new place or challenge the notice if something isn’t right.
- Get legal advice if you’re unsure. Citizens Advice or Shelter can help you understand your rights and what to do next.
Use our free interactive tool to find out whether the Section 21 notice you’ve been served is valid.
Conclusion
A Section 21 eviction notice can be stressful, but understanding the process and your rights can make a big difference. Always check if the notice is valid and don’t be afraid to seek legal advice. At Tenant Angels, we’re passionate about helping tenants understand their rights, so make sure you explore more helpful resources on our website.
FAQs About Section 21 Notices
Yes, if you believe the notice is invalid or your landlord hasn’t met their legal obligations, you can challenge it in court.
Your landlord would need to take you to court to obtain a possession order to legally evict you.
No, a Section 21 notice can only be served after the fixed term has ended or during a periodic tenancy.
You have at least two months, but it could be longer depending on your individual circumstances.
Yes, your deposit must be protected in a government-approved scheme for the Section 21 notice to be valid.
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.
