The days of so-called “no fault” evictions are numbered. With the government’s Renters’ Rights Act edging closer, landlords across England are scrambling to decide whether now is their final opportunity to use Section 21 before the law changes for good.
But while the clock is ticking, rushing an eviction claim could be a costly mistake.
Section 21 of the Housing Act has long been the simplest route for landlords to regain possession of their property, allowing them to evict tenants without having to prove wrongdoing.
Yet this “no fault” mechanism is set for abolition. The government has confirmed that the Renters’ Rights Act will outlaw Section 21, though the exact timetable for implementation is still uncertain.
Landlords who act before the Act comes into force will still be able to rely on Section 21; provided their notices are served correctly. Any mistake, however minor, can invalidate the notice and leave landlords facing months of delay and mounting costs.
For some landlords, the motivation is clear:
• They want to sell up before the law changes.
• They want to remove problem tenants before the tougher eviction process under Section 8 becomes the only option.
Tenants, meanwhile, are becoming increasingly aware that the new law will strengthen their hand. Some may choose to resist eviction, betting that time is on their side. If they stay put, landlords are forced into court action, something judges will only allow if every piece of paperwork is in order.
On paper, serving a Section 21 notice is straightforward. Landlords must:
• Use Form 6A, the official prescribed form.
• Give tenants at least two months’ notice.
• Ensure the notice period expires after the end of any fixed term.
Delivery methods include post, hand-delivery, or email (if previously agreed in the tenancy). Many landlords take the belt-and-braces approach, serving both by post and electronically in order to avoid disputes. However it is affected, proof of service is vital.
But this is only half the battle. Over the years, successive governments have layered on new rules, documents, and technical conditions. Miss one, and the whole process could easily collapse.
Here are some of the biggest traps that can catch landlords out:
• Energy Performance Certificate (EPC): Must be available before marketing the property and given to tenants at the start.
• Gas Safety Certificate: Required before a tenancy begins, renewed annually, and served correctly. A 2020 appeal court case (Trecarrel House Ltd v Rouncefield) gave some leeway on late service, but the law remains murky.
• “How to Rent” Guide: Landlords must serve the government’s official guide at the start of the tenancy, and again if it is updated during renewals or when a tenancy becomes periodic. Using an outdated version invalidates a notice.
• Tenancy deposits: Must be protected in a government-approved scheme within 30 days, along with the “prescribed information.” Any delay risks penalties of up to three times the deposit and blocks use of Section 21.
• Licensing: If the property is an HMO or in a selective licensing area, the correct licence must be in place. Without it, judges will refuse possession outright.
• Tenant fees: Under the Tenant Fees Act 2019, landlords who have charged prohibited fees, or failed to refund them, cannot serve a valid Section 21.
• Repair issues: So-called “retaliatory evictions” are banned. If tenants complain in writing and the local authority issues an Improvement Notice, landlords are barred from using Section 21 for six months.
The result? A long list of checks, certificates and confirmations, any one of which can derail an eviction claim.
Before reaching for Form 6A, landlords should run through a strict checklist:
• Have I served a valid EPC, Gas Safety Certificate, and the latest “How to Rent” guide?
• Is the deposit properly protected, with the prescribed information issued within 30 days?
• Is the property licensed where required?
• Have I avoided charging any prohibited fees?
• Do I have proof of service for every document?
If the answer to any of these is “no” or “I can’t prove it” then serving a Section 21 notice now risks wasting time and money.
If landlords do manage to serve a valid Section 21 notice before the Renters’ Rights Act comes into force, the notice will remain valid under the law’s transition arrangements.
But once the law is enacted, possession claims will become far more complex. Section 8, the alternative route, requires landlords to prove specific grounds for eviction, from rent arrears to anti-social behaviour, and persuade a judge. That is a much tougher, slower, and more adversarial process.
For landlords, this may well be the last chance to use Section 21. But it’s not as simple as printing off a form. Every document, every certificate, and every regulation must be in place and provable.
Courts show little sympathy for landlords who cut corners.
The message is clear: get it right first time, or risk losing your last shot at a no-fault eviction.
