Section 21 Notice FAQs: What Every Landlord Needs to Know

As a landlord, staying updated with the latest legislation is essential, especially as major changes are on the horizon. The government’s recent announcement to abolish Section 21 ‘no-fault’ eviction notices has caused significant concern among landlords. Section 21 notices have long been a key tool for landlords to regain possession of their properties without needing to provide a reason for eviction. However, this option is set to be removed in 2025.

In this blog, we will address the most common questions landlords have about Section 21 notices and the upcoming changes, providing clarity on what these changes mean for your property management strategies.

What is a Section 21 No-Fault Eviction Notice?

A Section 21 notice, also known as a Form 6A, allows landlords to evict tenants without providing any reason, as long as they give two months’ notice. It can be served during a periodic tenancy or at the end of a fixed-term tenancy. This notice has been widely used by landlords looking to sell or repurpose the property.

How and When Will the Government Abolish Section 21?

The exact date for the abolition of Section 21 notice has not yet been confirmed. However, it is expected that the ban will be enforced in the spring or summer of 2025. Landlords should stay alert for further government announcements on the implementation timeline. In the meantime, Section 21 remains a legal option for eviction, but this window is closing fast.

Can Landlords Still Serve a Valid Section 21 Notice?

Yes, landlords can still serve valid Section 21 notices under the current law. However, with the upcoming changes, landlords should act swiftly if they wish to use this eviction process before it is abolished. As far as we’re aware, once the legislation is passed, any Section 21 notice served before that date will remain valid, but landlords will no longer be able to rely on this form of notice moving forward.

What Are the Likely Short-Term Consequences of Abolishing Section 21?

In the short term, the removal of Section 21 notice is expected to create uncertainty for landlords. Without the ability to evict tenants without a reason, landlords will have to rely on Section 8 grounds for possession, which require specific reasons for eviction, such as rent arrears or antisocial behaviour. This could potentially lead to longer and more complex eviction processes, making it harder for landlords to regain control of their properties.

Are There Changes to the Section 8 Grounds for Possession?

Read the latest Section 8 grounds here.

What Are the Transition Provisions for Pending Section 21 Notices?

For landlords who serve a Section 21 notice before the law changes, those notices should remain valid and enforceable. However, it’s essential to follow all legal procedures carefully to avoid invalidating the notice. Once the new legislation is in effect, any Section 21 notices issued after the implementation date will no longer be recognised.

What Should Landlords Do Now?

If you’re a landlord, now is the time to review your portfolio and consider your options. Here are a few steps you can take:

  • Act Now: If you’ve been considering serving a Section 21 notice, do so while it’s still available. Ensure you follow all the correct legal procedures to avoid delays.
  • Stay Informed: Keep an eye on government updates regarding the abolition timeline and changes to Section 8 grounds.
  • Seek Professional Advice: Navigating these changes can be complex. Consider consulting with professionals who specialise in landlord-tenant law to ensure you’re fully prepared for the new regulations.

At LFL, we specialise in helping landlords navigate challenges, from serving valid Section 21 notices to managing commercial lease disputes, evictions, and debt recovery. As legislation changes, we’re here to provide expert guidance and support to protect your rights and ensure compliance.

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In summary, while the abolition of Section 21 no-fault evictions is set to significantly change the rental landscape, landlords still have options. By staying informed and acting now, you can ensure a smoother transition to the new framework. If you have further questions or need assistance with serving notices or managing tenant issues, don’t hesitate to get in touch with us.