No-fault evictions – Government to abolish Section 21 Notices
The Government are still in the process of considering whether to end Section 21 Notices, once and for all. This consideration follows the pandemic and could be as a result of the continual increase of costs of living which may mean landlords are looking to sell properties with vacant possession.
What is a Section 21 Notice?
A Section 21 Notice is often referred to as a "no-fault eviction" as a landlord is not required to give the tenant a reason for wanting to recover possession of the property.
In the event that the tenant fails to vacate the property by the date as stated within the Section 21 Notice, the landlord can apply to the Court for a Possession Order.
The Possession Order can then be enforced by Bailiffs should the tenant still fail to vacate the property.
Handy Tips
| Landlord | Tenant |
| Ensure the timescale within the Section 21 Notice is long enough otherwise the Section 21 Notice may be invalid. | Let your landlord, or agent, know if you intend to stay past the date stated within the Section 21 Notice to avoid any undue confusion. |
| Ensure you have complied with your obligations as the landlord in respect of protecting the tenant's deposit and providing them with any other necessary documents. | Ensure you keep up to date with your rental payments. |
| Check when you need to commence legal proceedings once you have issued the Section 21 Notice. As a landlord you have a certain amount of time in which to commence possession proceedings and if the legal proceedings are not issued within this time the Section 21 Notice will be invalid and a Possession Order cannot be made. | Obtain legal advice at your earliest opportunity. |
We can help, if you are:
A Landlord seeking to issue a Section 21 Notice to a Tenant ahead of, what could be, the abolition of Section 21 Notice's;
or
A Tenant who has been served with a Section 21 Notice, and are looking for advice as to how to deal with the Notice, or how to defend the Notice.
Please contact Lauren or Poppi in our Dispute Resolution & Litigation Team:
Lauren Smith - Partner lrs@enochevans.co.uk 01922 707048
Poppi Herald - Paralegal ph@enoch-evans.co.uk 01922 687700