Section 21 Notice Solicitors
Are you a landlord who needs to regain vacant possession of your property with a Section 21 notice or a tenant facing eviction through no fault of your own? Our team can advise you on your rights, guide you through the necessary process and robustly represent you when required.
Section 21 notices can be used by a landlord to end a tenancy either where a fixed term tenancy has ended or where there is a tenancy with no fixed end date (i.e. a ‘periodic’ or ‘rolling’ tenancy). These are commonly referred to as ‘no-fault’ evictions because they are used where the tenant has not done anything wrong.
At OTS Solicitors, our specialists can support both landlords who wish to issue a Section 21 notice as well as tenants who need to respond to this type of eviction. We can guide you through every stage of proceedings, making sure you understand your legal rights and can take action to protect your interests.
For a detailed discussion regarding a Section 21 eviction notice or to book an appointment with one of our landlord and tenant team, please call us now on 0203 959 9123.
Our team can provide clear advice to landlords and tenants on matters including:
- When a Section 21 notice can be used
- Serving a Section 21 notice
- Contesting a Section 21 notice
- Section 21 notice enforcement
Speak to our Section 21 notice solicitors today
If you are a landlord or tenant, we will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our Section 21 eviction notice solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Our Section 21 notice services
When a Section 21 notice can be used
Landlords can only use a Section 21 notice to end a tenancy under specific qualifying circumstances. They must make sure these circumstances apply before serving notice or they could see the eviction fail and potentially leave themselves open to legal action.
We can advise both landlords and tenants on whether there are valid grounds for a Section 21 eviction. For landlords, this can give them confidence that they are acting lawfully while, for tenants, it can empower them to challenge unlawful evictions.
Serving a Section 21 notice
To serve a Section 21 notice properly, there are several steps that landlords need to go through. Failure to follow the right procedure could see the eviction ruled unlawful and put the landlord at risk of harassment charges. Even where the eviction is valid, mistakes can delay the process significantly.
Our team can handle the process of serving a Section 21 notice for landlords and we can also advise tenants who have been served with notice whether the correct process has been followed.
Contesting a Section 21 notice
Sometimes, a tenant may decide to contest a Section 21 eviction. They must have clear grounds for doing so and follow the correct legal process.
We can advise and represent tenants who wish to contest a Section 21 eviction as well as working with landlords who need to respond to a contested eviction.
Section 21 notice enforcement
If a tenant does not leave by the date stated in a Section 21 notice, then the landlord may take action to enforce the eviction. There is a strict process for doing so that landlords must follow and tenants can potentially still contest the eviction at this stage.
Our experts can support landlords who need to take enforcement action following a Section 21 notice. We can also advise tenants who need to contest enforcement of a Section 21 notice.
Section 21 eviction notices explained
What is a Section 21 notice?
A Section 21 notice is a legal document that a landlord can use to end a tenancy. They can be used where the landlord needs to regain vacant possession of the property for any reason, as long as the right circumstances apply. The name refers to Section 21 of the Housing Act 1988, which is the legislation that covers this type of eviction.
For information on the rules around when a Section 21 notice can be used, please see the question below.
Why would a landlord serve a Section 21 notice?
A landlord can use a Section 21 notice for any reason (unlike a Section 8 notice, where they must have acceptable grounds). However, a Section 21 notice can only be used to end a tenancy where one of the following applies:
- A fixed term tenancy has ended (there must have been a written contract between landlord and tenant for the tenancy).
- The tenancy is one with no fixed end date (sometimes called a ‘periodic tenancy’ or ‘rolling tenancy’).
Additionally, there are various circumstances where a Section 21 notice cannot be used to end a tenancy, such as if it is less than 4 months since the tenancy began, the property is classed as an HMO but does not have a council HMO licence or if there has been an improvement notice served on the property by the council in the last 6 months.
Landlords should always seek expert legal advice before serving a Section 21 notice to make sure they are legally entitled to do so.
How do you serve a Section 21 notice?
To serve a Section 21 notice, the landlord needs to provide the tenant with the correct information in writing. The information needed to create a valid Section 21 notice is in form 6a (available here).
How long is a Section 21 notice valid for?
A Section 21 notice does not expire once it has been issued, but there is a set amount of notice a landlord must give (i.e. the time between the notice being served and the date on which the tenant is required to leave the property.
The minimum notice period a landlord can give is 2 months, but they may need to give longer depending on the circumstances. For example, where the tenant pays rent quarterly, the landlord would need to give at least one quarter’s (3 months’) notice.
What can make a Section 21 notice invalid?
There are many reasons a Section 21 notice could potentially be ruled invalid. Possible reasons include where the tenancy does not meet the required conditions, the wrong notice is given or there are other errors in the way the notice was prepared or served.
How long can a tenant stay after a Section 21 notice?
The Section 21 notice will set out how long the tenant has to leave the property. In reality, if they refused to leave it will take additional time for the landlord to remove them, as they will need to make further applications to a court to enforce the eviction (see below).
What happens if a tenant does not move out after a Section 21 notice?
Should a tenant refuse to leave a property after a properly served Section 21 notice, then the landlord would normally need to take enforcement action.
Firstly, they would need to apply to a court for a ‘possession order’ affirming that the eviction is valid and requiring the tenant to leave. If this does not work, the landlord would then need to apply to a court for a ‘warrant of possession’. This can be used to appoint a bailiff to enforce the eviction.
How much does it cost to evict a tenant with a Section 21 notice?
The cost of dealing with a Section 21 eviction will depend on the situation, including whether the tenant leaves as required or if further action is needed. Our team will be happy to advise on the likely costs when you contact us.
What are the new rules for evicting tenants?
There has long been discussion of potential reform to landlords’ right to evict tenants using Section 21 notices (i.e. ‘no-fault evictions’). Proposals for abolishing no-fault evictions are included in the Renters (Reform) Bill currently under consideration by Parliament, but there is no guarantee these changes will become law and no timeframe for the issue to be resolved. Therefore, as things stand, there are no new rules for evicting tenants.
Our fees for dealing with Section 21 eviction notices
We believe in fair, transparent pricing so you can quickly make a sensible decision about whether we are the right team to help you.
Wherever possible, we offer fixed fees for help with Section 21 ‘no fault’ evictions, meaning you know the exact cost of our services in advance. However, in some cases, it may be more appropriate to charge an hourly rate where ongoing support is needed. We will always advise of our fee structure and estimated costs in advance, so you know what to expect.
To find out more about our fees, please use the contact details below to get in touch.
Speak to our Section 21 notice solicitors today
If you are a landlord or tenant, we will be able to discuss your matter at our offices, over the phone or online via web conferencing software such as Zoom, Microsoft Teams, Cisco WebEx or Skype.
To speak to our Section 21 notice solicitors in London, please call now on 0203 959 9123 or use our simple online enquiries form.
Your Questions and our answers about Section 21 Notice
Thank you for your enquiry.
You should always check with your local authority directly on the requirements for an HMO Licence. Based on the information provided, you may need to obtain one and there can be penalties for applying for this retrospectively. We would recommend that you get in touch for more information and visit our sponsorship licence pages. Please contact us on 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these issues within a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. Unless you come to a neogotiation, the contractual clauses will persevere and you should check the ‘notice’ section of the agreement. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry.
The claimant should have sent you a pre-action letter before action prior to proceeding straight to a claim. This is a part of the protocol for these disputes and would have given you the chance to respond and come to a settlement. I would suggest you get in touch to discuss this in further detail. For more information, please call 02039599123 or click here
Thank you for your enquiry.
Unless there is a specific clause in your agreement that either party is protected against future claims, your landlord cannot force you to sign this document. You may wish to raise a dispute with the Tenancy Deposit Scheme first and if this unsuccessful, please get in touch for an initial meeting. For more information, please call 02039599123 or click here
Thank you for your enquiry.
There are laws covering deposit protection and HMO requirements for tenancies and it appears that a number of these may have been breached by the landlord of the property. There are specific actions you may be able to take however we would need to have sight of the Tenancy Agreement and other documentation to determine the merits of any claim. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may be able to issue possession proceedings depending on the validity and expiry date of the Section 21 Notice. We would need to assess the merits and have sight of your documentation and statements to determine which course of action to take. For more information, please call 02039599123 or click here
Thank you for your enquiry.
You may wish to enter into negotiations with the agents or landlord to secure an early surrender and to minimise rent liability for the remainder of the contract. There are options available that you may be able to apply to strengthen your negotiating position and we suggest you contact the firm in order to discuss the merits. Please call 02039599123 or click here
Thank you for your enquiry.
You may have the elements of a claim for disrepair. It is ultimately the landlord’s responsibility to address these with a reasonable period and the period of time depends on the severity and urgency of the issue. An objective approach is usually applied to determine what constitutes ‘reasonable’. We can assist with all aspects of housing law and disrepair. For more information, please contact us on 02039599123 or click here
Thank you for your enquiry. If these disrepair issues have not been addressed since the time of reporting two years ago then you may have a valid claim under implied disrepair legislation. Repairs must be addressed within a ‘reasonable period’. For more information please call us on 02039 599123 or contact us here.
Thank you for your enquiry.
Your landlord should give you a minimum of 24 hours notice before turning up at your property and should always seek your permission first irrespective of what is contained in your tenancy agreement. Continuous breaches may amount to a form of harassment.
You can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
This would depend on the circumstances of your tenancy agreement and whether you are a tenant or licensee. Usually notices need to be served on a prescribed form such as section 8 or section 21 for the to be valid notices.
For more information, you can call us on 02039 599123 or contact us here.
Thank you for your enquiry.
You may be in a position to challenge the rent increase and your landlord may then be required to submit a section 13 notice. You should however note that your landlord may take steps to evict you if you do not agree to the increase.
For more detailed information, you can call us on 02039 599123 or contact us here.