The […] [ii][4] If the court is satisfied that a landlord is entitled to possession, it must make an order for possession, for a date no later than 14 days after the making of the order unless exceptional hardship would be caused to the tenant in which case possession may be postponed to a date no later than six weeks after the making of the order. In the latter case, the notice is valid even if the notice give two different dates so long as one of the date is specified as a fall back in case the other date is invalid. The equivalent of a Section 21 notice for periodic tenancies in Wales (also described as occupation contracts) is a Section 173 notice, and for fixed-term tenancies it's a Section 186 notice. All the changes apart from the requirement for landlords to provide prescribed information applied to all tenancies from 1 October 2018. [xxxvi][18] Between 29 August 2020 and 31 March 2021, where the minimum notice period was increased to six months due to the COVID-19 pandemic, the period where the notice remains valid was increased to ten months from the notice being given. These are used when you want to evict a tenant either at the end of the fixed term or when using a break clause to regain possession of your property, to serve a Section 21 Form 6A notice you do not to give grounds for ending the tenancy agreement. You might be given a section 21 notice during a: rolling periodic tenancy; fixed term tenancy - if there's a break clause; It gives a date for you to leave your home. [13] Assured shorthold became the default type of private residential tenancies from the commencement of section 96 of the Housing Act 1996 on 28 February 1997. Section-8 / Section-21 Notice. Contents1 Prescribed Legal Requirements Before Serving A Section 21 Notice1.1 Energy Performance Certificate (EPC)1.2 Gas Safety Record1.3 Comment Prescribed Legal Requirements Before Serving A Section 21 Notice In this part of our series we look at “prescribed legal requirements” which must have been completed before a section 21 notice can be served in England. [17], Under subsection (1)(b), the tenant must be given at least two months' notice that the landlord requires possession of the property. ", "Government support available for landlords and renters reflecting the current coronavirus (COVID-19) outbreak", "Coronavirus ban on evicting renters extended", "Here comes the new stay, same as the old stay", "From March to September - possession stay extended", "Eviction ban to be extended by four weeks", "Here come the new rules, (not quite) the same as the old rules - Notice periods", "Eviction during the coronavirus pandemic", "Cutting the red tape: the Deregulation Act 2015", "How to Understand Which Section 21 Rules Apply From October 2018", "Autumn – mellow fruitfulness and new section 21 rules", "Coronavirus - new forms 3 and 6A for s8 and s21", "A guide to energy performance certificates for the marketing, sale and let of dwellings", "The judgement in Trecarrell House -v- Rouncefield ...", "Government quietly corrects its own 'startling' mistake in How to Rent booklet", "How to Rent booklet laws throw up new potential pitfall for landlords", "The new How to Rent Guide – why issuing the correct version requires close attention to detail", "Keeping up with the "How to Rent" guide: a guide", "Does the landlord have to refund rent paid in advance if the tenant leaves early? Conditions for Serving a Valid Section 21 Notice: To serve a Section 21 notice, you must complete form 6a and then serve it according to the following rules. [xlv][xlvi][42], Government guidelines published by the Department for Communities and Local Government (as it then was) in December 2017 suggested that an energy performance certificate is not required to be given where the tenancy is for an individual room as the tenancy would not be for a building or a building unit designed or altered for separate use. [18], Until the Court of Appeal judgment in Spencer v Taylor,[A] it was generally thought that a notice may only be given under subsection (1)(b) during a fixed term tenancy. Landlords worrying about when the government is going to turn its plans to abolish Section 21 notice ‘no fault’ evictions into law can relax a little. [xlv] These require a landlord of any property with any relevant gas fitting or flue serving such fitting to give a copy of the most recent gas safety certificate to new tenant before they occupy the property,[xlvii] and for a copy of new gas safety certificate to be given to each existing tenant. It is the route to be used if Section 21 is not an option available to you. [B][41], No section 21 notice may be given by a landlord while the landlord is in breach of a prescribed requirement relating to the condition of the property, health and safety of the occupiers, and the energy performance of the property. 3 That a section 21 notice is a ‘Notice to Quit’ People often talk about section 21 notices as being a ‘notice to quit’ meaning that it is a notice asking people to leave. This requires a two-month notice to be served under section 21 of the Housing Act 1988 and an application for a possession order once that notice has expired. [x] The legislation is silent and there is no clear authorities as to whether the notice may expire before the end of the fixed term in the absence of a break clause. Prior to the coronavirus pandemic, serving a Section 21 notice was the most common way for landlords to begin the process of ending a tenancy. [lii][51], The Tenant Fees Act 2019 introduced a ban on landlords and letting agents charging tenants, someone acting on behalf of the tenant, or the tenant's guarantor most kind of fees in connection with their tenancy, a cap on the amount allowed for a tenancy deposit, and rules on the treating of holding deposit. 4 and Transitional, Transitory and Saving Provisions) Order 2012", "The Energy Performance of Buildings (England and Wales) Regulations 2012", "The Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015", "The Deregulation Act 2015 (Commencement No. Tenancies in England only: The Form 6A section 21 notice for England available here is the statutory section 21 notice to quit for England which now must be used when terminating all tenancies, irrespective of when the tenancy started. [vii][14][15], Section 21 of the 1988 Act provides two different mechanisms under which a landlord can give notice to obtain possession of their property. [8] The mean time between claim for possession under the accelerated procedure being issued at court and eviction in 2019 was 27.4 weeks, with a median of 18.7 weeks. [viii] An agent of the landlord may give the notice on behalf of the landlord. What is a section 21? Most private renters have this type of tenancy. This means the tenant must physically receive the notice 2 months before they have to move out. A Section 21 Housing Act 1988 notice is the first step to obtaining the property back. This form replaced the form originally prescribed under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 before it came into effect, as a result of the original containing a significant error regarding how long a notice is valid for.[37]. A landlord is entitled to seek to possession of an assured shorthold tenancy - without proving one of the grounds for possession for an assured tenancy is made out - by relying upon a simple notice which complies with section 21 of the 1988 Act. Section 21. [27][28], The Welsh Government further increased the minimum length of notice for properties in Wales to six months from 24 July 2020. 4 and Transitional, Transitory and Saving Provisions) Order 2012 provided for a 30 days amnesty period for existing deposit to be protected if a landlord wasn't already in compliance. This form should be used where a no fault possession of accommodation let under an assured shorthold tenancy (AST) … [2], Private registered provider of social housing, Increase of Rent and Mortgage Interest (War Restrictions) Act, Secretary of State for Housing, Communities and Local Government, Tenancy Deposit Scheme (England and Wales), Department for Communities and Local Government, "The Gas Safety (Installation and Use) Regulations 1998", "The Housing (Tenancy Deposits) (Prescribed Information) Order 2007", "The Localism Act 2011 (Commencement No. A section 21 notice, also known as an 'eviction notice, a 'notice to quit' or a 'notice seeking possession' is a formal notification that the landlord wishes to regain possession of the property at the end of the tenancy. Tenants and Landlords please note: • On or after the end of a fixed-term Assured Shorthold Tenancy a court must make an order for possession if the landlord has given notice in writing under Section 21. 57% of ARLA Propertymark members have issued less than ten Section 21 notices in the past two years. It is quite different from a section 21 notice and works in a different way (as you can see from 1 above). [xxxix][38][39] If the requirement applied to the older tenancies, then it came into effect on 1 July 2018. Now a landlord just needs to give the tenant a full 2 month notice along with 2 days for the tenant to receive the notice if it is being delivered by post. Please tick boxes where appropriate. A landlord may only require the payment of money as deposit. For a section 21 notice, you must give the tenant a minimum notice of 2 months. Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). [liv], If the landlord have required and accepted a prohibited payment from a relevant person, or fail to handle a holding deposit in accordance with the legislation, then no section 21 notice may be given by the landlord until the prohibited payment or holding deposit have been repaid to the person who made the payment. The date must be the last day of a period of the tenancy, and cannot be earlier than the earliest day an equivalent common law tenancy may be bought to an end by a notice to quit given on the same date. [xxxiv][36], No section 21 notice may be given by a landlord in the first four months of a tenancy. 21 Transactions in which an estate agent has a personal interest. [xxix][xl] An updated Form 6A was prescribed on 1 June 2019 to coincide with the commencement of the Tenant Fees Act 2019. As you can probably guess, it’s been a busy day on the phones today! In England and Wales, a section 21 notice, also known as a section 21 notice of possession or a section 21 eviction, 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. As of 24 July 2020 in Wales, the notice period for a Section 21 notice and most Section 8 notices is at least six months. In either case, since the coming into force of the 1996 Act, the notice must be in writing. Conditions for Serving a Valid Section 21 Notice: To serve a Section 21 notice, you must complete form 6a and then serve it according to the following rules. [40][41] Since the modified form was not set by either primary or secondary legislation, but simply modified and published on the government's website, it is debatable whether the form as available on the government's website is valid or not, without relying on arguments that the form as published is substantially to the same effect [xliii] as that prescribed following authorities from Ravenseft Properties Ltd v Hall. [10][11] Regulations on security were variously widened and tightened over the years. A new Form 6A section 21 notice comes into effect from 1 June 2019, in light of the Tenant Fees Act. [30] The end date of the temporary extension in Wales was later extended to 31 March 2021 to match. 3 months if given on or after 26 March 2020 The longer notice period is a new rule because of the coronavirus outbreak and will apply until at least September. Notice seeking possession of a property let on an Assured Shorthold Tenancy. The section 21 notice must: 1. be on Form 6A 2. follow certain rules to be valid Your landlord doesn't have to give a reason for wanting you to leave. However, a ‘Notice to Quit’ is a specific form of notice. [iii][iv][5] The court has no power to grant any adjournment or stay of execution from enforcement unless the tenant has a disability discrimination, public law or human rights defence,[5] or the case is pending an appeal. [xxxv][36], A section 21 notice is only valid for six months from the notice being given. [l], The Court of Appeal in Trecarrel House Limited v Rouncefield[C] overturned lower court's judgments that a breach of the requirement to give or display the most recent gas safety certificate to new tenant before their occupation cannot be rectified. [44] The solicitor instructed by the tenant in Trecarrel House Limited v Rouncefield confirmed on Twitter that the tenant is seeking leave to appeal to the Supreme Court. A Section 21 notice of the Housing Act 1988 is the first step a landlord must take to evict a tenant on an assured shorthold tenancy. Rent A guide for current and prospective tenants in the private rented sector in England". [xvi] Such a formula may be on its own, or used alongside a specific date as a saving formula in case the specific date is not valid. On commencement, these changes applied to all tenancies which began from 1 October 2015, other than statutory periodic tenancies that came into being pursuant to section 5 of the 1988 Act on or after that date on the coming to an end of a tenancy that was granted before that date. There is no requirement for the landlord to provide further copies of the guide during a tenancy when new versions are published. WHAT IS A SECTION 21 NOTICE? [v][6], Where a landlord is seeking possession on the basis of a section 21 notice where the tenancy is, or where there are successive tenancies on the same terms as, the original tenancy comprised in a written tenancy agreement, the landlord may bring a claim for possession under the accelerated procedure if no other claims are being made at the same time. This Section 21 Notice Seeking Possession (Wales) is designed for a Landlord to serve on an Assured Shorthold Tenant. This change went into effect the following day, to end 31 March 2021. Furthermore, Section 8 isn’t currently used because it is complex, costly and has too many discretionary grounds. A tenant is entitled to two months written notice. It’s a process that can be difficult to complete successfully because of the specific actions involved and the amount of legal holes that could be fallen into, rendering the serving of the notice invalid. The Government has temporarily changed the rules around using a Section 21 notice during the coronavirus pandemic: Between 27 March and 30 September 2020 notice periods were extended to at least three months. The eviction notice’s official title in the courts is a ‘Notice Requiring Possession (under section 21 of the Housing Act 1988)’. [xvii], As a result of the COVID-19 pandemic, the minimum length of notice was temporarily raised from two to three months under section 81 of the Coronavirus Act 2020 for all notices served between 26 March 2020 initially to 30 September 2020. [50], Where the tenancy is bought to an end before the end of a period of the tenancy as a result of the service of a section 21 notice, and the tenant had paid rent in advance for that period, the tenant is entitled to a repayment of rent paid for days where they were not in occupation. These include those […] There is disagreement as to whether the prescribed form was required for tenancies granted before 1 October 2015 and associated statutory periodic tenancies. ", "What is the impact of Spencer v Taylor [2013] on drafting Section 21 Notices? [19][20] The judgment clarified that a notice may also be given under the subsection during a statutory periodic tenancy that arise pursuant to section 5 of the 1988 Act on the coming to an end of a fixed term tenancy. Reason 6. This practice note sets out the procedures for terminating an assured shorthold tenancy (AST) by the service of a notice under section 21 of the Housing Act 1988 (HA 1988) and the legal and practical issues that may arise. Landlords must give tenants at least two months' notice but in order to be legal the Section 21 notice must: [xxv][34], For a deposit that was received from 6 April 2007, if the deposit was not protected in accordance with an authorised scheme by the required time limit, then the landlord must first return the deposit in full to the tenant or with such deductions as are agreed between them before the landlord may give a section 21 notice. A modified Form 6A was published on the government's website on 26 March 2020 to reflect the longer notice period required under the Coronavirus Act. The prohibition does not apply to a statutory periodic tenancy. [xxiv][33], As well as protecting the deposit, the landlord must also give information as prescribed by the Housing (Tenancy Deposits) (Prescribed Information) Order 2007 to the tenant and anyone who paid the deposit on behalf of the tenant before a section 21 notice may be given. Please write clearly in black ink. WALES: Proposals on extending the notice period for a ‘no-fault eviction’. [48][49][50] Similarly, with the 2015 regulations specific reference to the Department for Communities and Local Government, it is unclear if any of the guides published by the Ministry of Housing, Communities and Local Government since its renaming in January 2018 has any validity. Landlord gives tenant  a current copy of the following documents: Landlord have not secured the tenants’ deposit in a. Evicting a tenant using the Section 8 is very different to using Section 21 and carry some pitfalls. Your landlord can't give you a valid section 21 notice during the first 4 months of your original contract. 39% of members have issued no Section 8 notices in the past two years. [xli] Without the restriction to its application that was present in the first 2015 Regulations,[xxxix][xlii] there are no questions as to its applicability to existing older tenancies. The version given must be the version that has effect for the time being. SECTION 21 NOTICE TEMPLATE FORM 6A CLICK TO DOWNLOAD Latest Update: Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices).