Section 21 Evictions: The Complete 2024 Guide

Section 21, often referred to as a "no-fault" eviction notice, grants landlords the right to seek possession of their property once the fixed term of an AST has ended or during a periodic tenancy (a tenancy without a specified end date). It’s important to understand that this doesn’t mean you can evict a tenant whenever you feel like it. Strict preconditions and procedures must be followed to ensure the notice is valid. 

Before serving a Section 21 notice, landlords must ensure they have met several crucial legal obligations. If you don’t follow these rules, the notice could be invalid, causing delays or even rejection of your case in court. 

1. Tenancy Deposit Protection: If you've taken a security deposit, it must be protected within a government-approved scheme (such as the Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 days of receiving it. Furthermore, you must have provided the tenant with the "prescribed information" about the scheme and their deposit. This includes details about the scheme administrator, the amount of the deposit, and the circumstances under which deductions can be made.
2. Providing the Required Documents: Landlords are legally obligated to provide tenants with specific documents at the start of the tenancy. Failure to do so can invalidate a Section 21 notice served later. These documents include: 

• Energy Performance Certificate (EPC): A valid EPC, demonstrating the property's energy efficiency rating, must be provided to the tenant before the tenancy begins. 
• Gas Safety Certificate: If the property has gas appliances, a current gas safety certificate, issued within the last year by a Gas Safe registered engineer, must be given to the tenant before they move in. Subsequent certificates must be provided within 28 days of the annual check. 
• "How to Rent" Guide: The latest version of the government's "How to Rent: The checklist for renting in England" guide must be provided to the tenant at the start of the tenancy. 

1. Licensing Requirements: If your property is a House in Multiple Occupation (HMO) and requires a license from the local authority, you must have a valid license in place before serving a Section 21 notice. Similarly, if the property is in an area with selective licensing, you need the relevant license. 
2. No Unlawful Fees: Under the Tenant Fees Act 2019, landlords are prohibited from charging tenants certain fees. If you have charged a tenant a prohibited fee or retained an unlawfully held holding deposit, you must repay it to the tenant before a valid Section 21 not

Once the Section 21 notice period expires, the tenant is expected to vacate the property. However, if the tenant remains in the property, you will need to take further legal action to regain possession.

1. Possession Claim: If the tenant does not leave by the specified date, you can apply to the county court for a possession order. You must do this within six months of the date the Section 21 notice was served. 
2. Accelerated Possession Procedure: If you are only seeking possession of the property and not claiming rent arrears, you can use the accelerated possession procedure. This is typically a faster route as it often avoids a court hearing, and the judge will make a decision based on the paperwork submitted. Make sure your Section 21 notice and proof of delivery are clear and accurate when using this process.
3. Court Hearing: If you are claiming rent arrears alongside possession, or if the accelerated procedure is not suitable, a court hearing will be scheduled. You (or your legal representative) will need to attend and present your case for possession. 
4. Bailiff Eviction: If the court grants a possession order and the tenant still does not leave by the date specified in the order, you will need to apply for a warrant of possession. This authorises court bailiffs to evict the tenant from the property. 



Landlords should be aware that Section 21 evictions are planned to be abolished under the Renters' Rights Bill. While the bill is currently progressing through Parliament and is expected to receive Royal Assent and be implemented potentially in the summer or later in 2025, it will bring significant changes to how landlords can regain possession of their properties.

The key changes include:

• Abolition of "No-Fault" Evictions: Landlords will no longer be able to evict tenants without a specific, legally justifiable reason. 
• Conversion to Periodic Tenancies: All assured tenancies will become periodic, providing tenants with greater security of tenure. 
• Strengthened Section 8 Grounds: The grounds for possession under Section 8 (where there is a fault by the tenant, such as rent arrears or anti-social behaviour) will be expanded and potentially become mandatory in more circumstances. New grounds, such as for the landlord needing to sell the property, are also being introduced. 
• Longer Notice Periods: For some grounds, the notice periods will be extended, giving tenants more time to find alternative accommodation. 

The future of private renting continues to evolve, with both challenges and opportunities ahead. Property owners who prepare for these changes while maintaining professional standards will be best positioned to navigate the new landscape successfully.

Understanding these shifts isn't just about compliance. It's about adapting business models to ensure sustainable property investment in a changing market. As the sector transforms, maintaining open communication with tenants and staying ahead of regulatory changes will become increasingly valuable skills for property owners.