The Housing Act (1988) sets out much of the law behind today's Private Rented Sector. One section of it, called Section 21, describes a process by which landlords can evict tenants.
Section 21 evictions are sometimes known as "no fault evictions". This name comes from the fact that landlords don't need to provide a reason (or ground) use a Section 21 eviction notice.
A Section 21 eviction notice can be served even if the tenant has paid their rent on time, maintained the property, and met their contractual obligations (providing that the landlord has met all other legal requirements).
When can a Section 21 notice be served?
Most Section 21 notices are served after the tenancy has become periodic (i.e. the tenant has remained at the property after the end of the fixed term without signing a new contract).
However, landlords can use a Section 21 notice during a fixed term if the following conditions have been met:
1. The notice will expire after the fixed term has ended
2. There is a clause in the contract that allows for a Section 21 notice to be served before the end of the fixed term (e.g. a break clause).
3. The landlord has met all other requirements and obligations to serve a valid Section 21 notice.
Note that all three requirements must be met for the notice to be valid during the fixed term.
How to serve a Section 21
Landlords looking to serve a Section 21 eviction notice to their tenants should use the standard Form 6A. A template of the form can be downloaded from the government website.
Landlords should also ensure that they have met all their legal requirements to ensure that the notice is legally valid.
We have a full guide on the best way to serve notice to tenants here.
More information on Section 21 evictions:
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.