What is a Section 21 Notice?

A Section 21 notice, sometimes known as a "no-fault eviction notice", is a formal notification that a landlord in England and Wales can give to a tenant to reclaim possession of a property at the end of an assured shorthold tenancy or during a periodic tenancy.

Unlike the Section 8 notice, which requires a specific reason (such as rent arrears or breach of the tenancy agreement), a Section 21 notice does not require the landlord to provide a reason for wanting to end the tenancy.

Benefits for People (Landlords) and Businesses (Letting Agencies, Property Management Firms):

1. Flexibility for Landlords: Since the Section 21 notice doesn't require the landlord to provide a specific reason for eviction, it offers flexibility for landlords who might want to sell the property, move into it themselves, or simply not continue with the current tenancy for other personal reasons.
2. Clear Timeframes: The notice provides both parties with a clear timeframe for the end of the tenancy, allowing both the landlord and the tenant to plan accordingly.
3. Simplicity: Because there's no need to prove a breach of the tenancy agreement, the Section 21 process can often be simpler and more straightforward than other eviction routes, provided all requirements are met.
4. Potential for Mutual Agreement: Sometimes, both the landlord and tenant may find that ending the tenancy is in their best interests, making the Section 21 process a mutual agreement rather than a contentious one.
5. Minimising Disputes: In situations where the landlord may have a valid but potentially contentious reason for wanting to reclaim possession, using a Section 21 notice can avoid drawn-out disputes over specific issues.
6. Safety Net: In the event a landlord feels that the relationship with the tenant isn't working out but doesn't necessarily have a clear breach of the tenancy agreement to point to, the Section 21 offers a safety net.

However, there are strict rules and procedures landlords must follow when issuing a Section 21 notice, including ensuring the tenant's deposit is protected and providing certain prescribed information to the tenant at the start of their tenancy.

Changes to legislation over the years have also made it vital for landlords to be up-to-date with the latest requirements. Failing to comply can render the notice invalid.