S21 Housing Eviction Notice

 

In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction is defined in the housing act and is the notice which a landlord must give to their tenant to begin the process to take possession of a property let on an assured shorthold tenancy without providing a reason for wishing to take possession.

The expiry of a section 21 notice does not bring a tenancy to its end. The tenancy would only be ended by a landlord obtaining an order for possession from a court, and then having that order executed by a County Court bailiff or High Court enforcement officer.

Such an order for possession may not be made to take effect earlier than six months from the beginning of the first tenancy unless the tenancy is a demoted assured shorthold tenancy.

To instruct a S21 eviction notice correctly, the Landlord must follow a legal process that involves going to court to evict you. A landlord cannot force a tenant to leave and if this is the case, the landlord could be guilty of an illegal eviction.

As of 2015, a section 21 notice (two months no fault notice) could not be served unless EPC, gas safety and How to Rent Guide have been given amongst other things like retaliatory evictions.  In 2018 this was further added to, but there is a lack of clarity on some points.

Hagen Wolf can assist in ensuring that the S21 Eviction Notice is implemented legally and that communication between the landlord and tenant is correct.