Eviction without grounds - Section 21 notice

Section 21 notices

If the landlord requires possession using a Section 21 notice, the landlord must give at least two months' notification that they require possession. The notice:

  • must state that possession is required under Section 21 of the Housing Act 1988, and
  • should provide information about the procedure for gaining possession of the property and where the tenant can get help and advice on the matter

An example of this information is shown in the box below.

Information for tenants

You can get help if you do not know if you are entitled to stay in possession of the property after the notice runs out, or are unsure of your rights as a tenant. You may be able to get help from a solicitor, a citizen's advice centre or housing advice centre.

The Community Legal Fund (formerly Legal Aid), administered by the Community Legal Service (formerly the Legal Aid Board) may be able to help with some or all of the cost of legal advice.

If you are in any doubt about the meaning or effect of this notice, get advice from a solicitor or your local Citizens' Advice Bureau.

If a residential occupier receives a valid Section 21 Notice, then the occupier should leave the property.

However, if the tenant does not leave the property the landlord cannot evict the occupant. The landlord must apply to the court for a Possession Order before the tenant can lawfully be evicted.

Guide for private renting and possession claims:

https://www.gov.uk/private-renting/your-rights-and-responsibilities

http://www.adviceguide.org.uk/wales/debt_w/debt_rent_arrears_e/assured_shorthold_tenancies_and_rent_arrears.htm

Illegal eviction advice can be found on the following link:

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

If a court possession order is granted then the tenant should leave the property.

If the tenant does not leave the landlord must seek a warrant for eviction from the court and the court will then arrange for bailiffs to evict the tenant. Once again, the landlord can not evict the tenant by any other method.