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Section 21 Notices: Process

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Section 21 Notices: Process Factsheet 1 of 3 Section 21 notices: process This factsheet Your landlord does not need a reason to end What will the court do? looks at how your your assured shorthold tenancy (AST) but The court will send you a defence form. must follow the correct process. The Complete and return it within 14 days of private landlord first step is to give you a section 21 notice. receiving it if you don’t think your landlord can end your is entitled to evict you. See ‘Possession If you are a joint tenant your landlord can proceedings: going to court’. assured shorthold give the notice to any of the joint tenants. tenancy using the If your landlord’s section 21 is not valid the ‘no fault’ route in How much notice you must be given court cannot give your landlord possession. section 21 of the A section 21 notice must give you at least A section 21 might not be valid because: 2 months’ notice. If your rent is due quarterly Housing Act 1988. or every 6 months, you’re entitled to 3 or 6 n the landlord makes a mistake months’ notice. n there is a reason why the landlord can’t use a section 21 at this time. See ‘Section What does the notice look like? 21 notices: restrictions’ for details. A section 21 notice must be on Form 6A. A notice that contains everything that If the court orders possession is on Form 6A is also OK. If the court makes an order for possession and you do not leave on the date in the order, When can your landlord give you notice? your landlord must apply to the court for a Your landlord can’t give you a section 21 warrant for a bailiff to evict you. notice in the first 4 months of your tenancy. It’s unlawful to evict you without getting a The 4 months is counted from the start of bailiff’s warrant. Get advice if your landlord your original AST if your landlord has given tries to illegally evict you. you a new tenancy, or if you stayed on after a fixed term ended. How long can it all take? It can take 6 months or more to evict you. It Expiry of the notice might be less. The approximate timings are: If you have a fixed-term tenancy, a section 21 notice which expires before that fixed term n the 2 months in your landlord’s ends is probably not valid. section 21 notice n 2 more months for your landlord What happens after the notice expires to apply to court and for the court to You do not have to leave when the notice make an order period ends. If you don’t leave, your landlord n another 4 to 8 weeks before the bailiffs must apply to the court for a possession evict you. order. Your landlord cannot lawfully evict you without getting a possession order. Tenancy started before 1 October 2015 If your tenancy began before 1 October When your landlord can apply to court Registered charity in England and Wales (263710) 2015 and you have not signed up to a new and in Scotland (SC002327). After giving you a section 21 notice your tenancy with your landlord since, your landlord can apply to the court for a landlord might not have to use Form 6A, possession order when: and different rules from those on this n the notice period in the section 21 has factsheet might apply. expired (after at least 2 months), and n any fixed-term agreement you have has Further advice ended – unless there is a break clause You can get further advice from Shelter’s in your agreement that allows your Note free* housing advice helpline (0808 800 Information contained in this landlord to do this earlier. 4444), a local Shelter advice service or local factsheet is correct at the time of publication. Please check details Your landlord must start court action within Citizens Advice office, or by visiting before use. 6 months of the date you received the england.shelter.org.uk/housing_advice section 21 notice. *Calls are free from UK landlines and main October 2018 mobile networks..
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