HOW MUCH NOTICE DOES A SECTION 21 GIVE?

How Much Notice Does a Section 21 Give?

How Much Notice Does a Section 21 Give?

Blog Article

Eviction is a legal process that landlords must follow to regain possession of their property from tenants. In the UK, different types of eviction notices apply depending on the circumstances, including Section 21, Section 8, and Section 13 notices. This article explores how much notice a Section 21 eviction notice provides, compares it with other eviction procedures, and explains key differences between Section 8 notice grounds and rent increase notices under Section 13.

What is a Section 21 Eviction Notice?


A Section 21 eviction notice is a "no-fault" eviction, meaning the landlord does not need to provide a reason for asking the tenant to leave. It is commonly used when a fixed-term tenancy ends or during a periodic tenancy.

How Much Notice Does a Section 21 Give?


The notice period for a Section 21 eviction notice depends on the type of tenancy:

  1. For a Fixed-Term Tenancy (Assured Shorthold Tenancy - AST):

    • The landlord must give at least two months' notice.

    • The notice cannot expire before the end of the fixed term.



  2. For a Periodic Tenancy (rolling contract):

    • The landlord must still provide two months' notice, but it must align with the rental period.

    • If rent is paid monthly, the notice should end at the end of a rental period.




Key Requirements for a Valid Section 21 Notice



  • The tenancy must be an Assured Shorthold Tenancy (AST).

  • The landlord must have protected the tenant’s deposit in a government-approved scheme.

  • The property must have a valid Energy Performance Certificate (EPC) and Gas Safety Certificate (if applicable).

  • The landlord cannot issue a Section 21 within the first four months of the tenancy.


If these conditions are not met, the Section 21 notice may be invalid, and the tenant can challenge the eviction.

Section 8 Notice Grounds: Eviction for Specific Reasons


Unlike a Section 21, a Section 8 notice is used when a tenant has breached the tenancy agreement. The landlord must cite one or more of the Section 8 notice grounds as reasons for eviction.

Common Section 8 Notice Grounds



  1. Rent Arrears (Ground 8, 10, 11):

    • Ground 8: Tenant is in at least two months' rent arrears (if rent is paid monthly) at the time of the notice and hearing.

    • Grounds 10 & 11: Persistent late payments or minor arrears.



  2. Anti-Social Behavior (Ground 7, 14):

    • Ground 7: Tenant has a criminal conviction affecting the property.

    • Ground 14: Tenant is causing nuisance or harassment.



  3. Property Damage (Ground 13):

    • Tenant has neglected or damaged the property.



  4. Landlord Needs Property Back (Ground 1, 2):

    • Ground 1: Landlord previously lived in the property and wants to return.

    • Ground 2: Mortgage lender requires possession.




Notice Period for Section 8


The notice period varies depending on the grounds:

  • 14 days for serious breaches (e.g., anti-social behavior).

  • 2 months for most other grounds (e.g., landlord moving back in).


If the tenant does not leave, the landlord must apply to court for a possession order.

Section 13: Rent Increase Notices


While not an eviction notice, a Section 13 notice is used when a landlord wants to increase rent in a periodic tenancy.

Key Points About Section 13:



  • The landlord must give at least one month’s notice (if rent is paid monthly).

  • The increase must be fair and in line with market rates.

  • Tenants can challenge the increase through a tribunal if they believe it is unreasonable.


Comparing Section 21, Section 8, and Section 13





































Feature Section 21 Section 8 Section 13
Notice Period 2 months Varies (14 days to 2 months) 1 month
Reason Needed? No Yes (specific grounds) Rent increase only
Court Order Required? Yes (if tenant refuses to leave) Yes No (unless disputed)
Tenant Can Challenge? Yes (if notice is invalid) Yes (dispute grounds) Yes (via tribunal)

Conclusion


Understanding the differences between a Section 21 eviction notice, Section 8 notice grounds, and Section 13 is crucial for both landlords and tenants. A Section 21 provides a two-month notice without requiring a reason, while a Section 8 is used when tenants violate the agreement. Meanwhile, a Section 13 is strictly for rent increases.

Tenants should always check if an eviction notice is valid, eviction, and landlords must follow legal procedures to avoid delays. If in doubt, seeking legal advice is recommended to ensure compliance with UK housing laws.

By knowing your rights and responsibilities, you can navigate evictions and rent changes more effectively. Whether you're a landlord issuing a Section 21 or a tenant facing a Section 8, being informed helps protect your interests.

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