How to Evict a Tenant by Serving a Valid Section 21 Notice

Introduction

Landlords can terminate a tenancy agreement and reclaim possession of a property by serving tenants with a Section 21 notice, known as a Form 6A, under the Housing Act 1988.

This notice is often referred to as a “no fault” eviction notice because landlords do not need to provide a reason for seeking possession and bringing a tenancy to an end.

Currently, it is the most common method of eviction in England due to its relative simplicity. In fact, statistics provided by the Government indicate that approximately two thirds of evictions in England and Wales have been effected via Section 21.

How is an eviction notice served pursuant to section 21?

A Section 21 no-fault eviction notice, known as Form 6A, allows a landlord to give a tenant at least two months’ notice to end the tenancy once it is outside the fixed term period or if there is a break clause in the tenancy agreement. The landlord does not need to provide a reason for serving a Section 21 Notice, and the tenant does not need to be at fault, hence the term “no-fault eviction.”

If the tenant has not vacated the property by the specified date within the Section 21 Notice, the landlord can initiate possession proceedings to evict the tenant. Section 21 is set to be abolished by the Renters Reform Bill and some information on this soon-to-be new legislation is set out below.

However, landlords must comply with numerous requirements for a no-fault eviction notice to be valid and it is very important to comply with these regulations to prevent any arguments or suggestions that an eviction notice is invalid further down the line.

How do I ensure that a Section 21 eviction notice is valid?

Landlords can only use the Section 21 Eviction Notice (Form 6A) if they have complied with certain obligations and it is not used during a fixed-term tenancy.

Here is a detailed checklist to determine whether a Section 21 Housing Act 1988 no-fault eviction notice can be validly issued to evict tenants and to correctly serve Form 6A:

• The landlord must provide the tenant with a valid Gas Safety Certificate, EPC, and an up-to-date How to Rent checklist before the tenant moves in. Any replacement Gas Safety Certificates must also be provided once the originals expire.
• If the tenancy becomes periodic or a new fixed term starts, the latest How to Rent Checklist must be given to the tenant if it has changed since they moved in.
• If the property is an HMO, it must have a valid licence. If the property is in an area with selective licensing, a valid selective licence is required.
• The local council must not have served an improvement notice or a notice of emergency works on the property in the last six months.
• The notice must not be a retaliatory eviction following a tenant’s complaint about housing conditions that the landlord did not address within 14 days, leading to council intervention.
• The prescribed Section 21 Notice must be used and filled out accurately.
• The notice must be served at least four months after the tenancy began. The landlord must initiate possession proceedings within six months of serving the notice.
• The Section 21 Notice should be sent to each tenant.
• At least two months’ notice must be given. For periodic tenancies, the notice does not need to coincide with the end of a rental period.
• The tenant’s deposit must be placed in a deposit protection scheme, and the prescribed information must be provided to the tenant within 30 days of receiving the deposit.
• The notice cannot expire during the fixed term of the tenancy unless there is a break clause. However, the notice can be served during the fixed term as long as:
• the two months’ notice expires on or after the end of the fixed term;
• it is served at least four months after the tenancy started; and
• no more than six months’ have elapsed since the two months’ notice expired.

Assuming the landlord complies with the above requirements, the notice is likely to be valid and can be used to evict tenants through possession proceedings.

After serving the notice, the landlord should keep a record of how Form 6A was served, such as by filling in the certification of service form (N215). If the tenants do not leave by the specified date, the landlord can use the completed N215 to apply for an accelerated possession order.

If the tenants do not move out by the end of the notice period, the landlord must start possession proceedings within four months (i.e., six months from the date the Section 21 notice was served).

Is there a prescribed form I need to use for the Section 21 Notice?

Use the prescribed Form 6A for the Section 21 Housing Act 1988 notice, ensuring it is filled out correctly with a notice period of at least two months. There’s no need to purchase a template, as Form 6A is available for free on the government website.

The notice period to terminate an assured shorthold tenancy is a minimum of two months. Unlike Section 8, the landlord does not need to provide a reason or prove the eviction is reasonable.

How soon must possession proceedings be commenced after serving a Section 21 Notice?

Once a landlord serves the statutory minimum of two months’ notice using Form 6A, they have six months to start possession proceedings. If they don’t, the notice expires, and a new Form 6A must be served.

What methods can be used to serve the Section 21 Notice?

There are various ways in which you can serve a Section 21 Notice, including both in-person, process server, and by way of post. Additionally, you could potentially serve it by way of email (as long as you meet the requirements of the AST Agreement in doing so. The various ways are set out below (and the AST Agreement may include provisions which restrict the serving of notices and methods you can utilise so you need to be wary of this):

Method of Serving Section 21 Notice	Explanation of How to Serve
In-Person	When serving the notice in person, you could bring a witness and photograph the envelope being posted. If the tenant is absent or refuses receipt, you could complete a certificate of service (N215) form. A Section 21 Notice delivered before 4:30 pm on a business day is considered served that day. If delivered after 4:30 pm, it is deemed served the next business day. For example, a notice served at 5:30 pm on Friday is considered served the following Monday, unless it’s a bank holiday.
Process Server	You could choose to utilise the services of a professional process server to formally serve the Section 21 Notice and this is probably one of the safest options as the professional process server would produce a formal witness statement to evidence service of the Section 21 Notice. This witness statement would help to prove correct service of the Section 21 Notice.
Post	To avoid disputes when serving the Section 21 Notice by first class post, get proof of posting from the Post Office and take a photo of the envelope being handed over. The notice is considered served two business days after posting. If posted on a Friday, it is deemed served on Monday, as Sunday is not a business day.
Email	If the assured shorthold tenancy permits, a landlord may serve the Section 21 Notice by email. Check the tenancy agreement to confirm this. Due to the need for proof of delivery, it’s advisable to use email alongside another method as detailed above.

The tenant has failed to move out following service of the Section 21 Notice (and its expiry) – what should I do?

If tenants don’t vacate by the end of the two-month notice period in Form 6A, the landlord must start possession proceedings at the County Court for an Accelerated Possession Order. The landlord can apply immediately after the notice period ends and must do so within four months.

If the Section 21 Notice is valid, the judge will issue a possession order with a ‘date for possession,’ typically two weeks later. If tenants remain after this date, the landlord must obtain a warrant for possession from the same County Court.

The final step is eviction, carried out by County Court bailiffs or High Court Enforcement Officers. Using a High Court Enforcement Officer is faster but more expensive, requiring permission to transfer the case to the High Court under section 42 of the County Courts Act 1984.

Is the law changing to abolish Section 21?

On 11 September 2024, the Renters’ Rights Bill was published and it includes wording aimed at abolishing section 21 and will convert all assured shorthold tenancies into period assured tenancies.

It is envisaged that this new legislation will come into force in 2025, but until it does, section 21 remains a valid and effective way of evicting tenants for any reason.

The legislation will not operate retrospectively so if and when it does come into force, all Section 21 Notices validly served before it does will remain enforceable.

How we can help

It is imperative that you seek competent and proactive legal advice from a specialist dispute resolution solicitor who has experience in residential property matters including evictions.

If you require assistance, we would be more than happy to advise and guide you, working with you to ensure that your position is protected as far as possible. As always, we will ensure that your matter is dealt with efficiently, diligently and effectively.

Useful Links

Section 21 Notice (Form 6A) Template (Government Website)

Form N215 (Certificate of Service) Template (Government Website)

 

This article is intended for general information only, applies to the law at the time of publication, is not specific to the facts of your case and is not intended to be a replacement for legal advice. It is recommended that specific professional advice is sought before relying on any of the information given. © Jonathan Lea Limited.