Introduction
The s21 eviction notice is the first step in the legal process of evicting a tenant in England or Wales. The notice must be served by the landlord, and must state that the tenant must leave the property on a certain date.
The notice must be in writing, and must be signed by the landlord or their agent. It must also contain the following information:
- The address of the property that is being rented
- The date on which the tenancy agreement started
- The date on which the tenancy will end (this must be at least two months after the date on which the notice is served)
- The reason for eviction (see below)
Reasons for eviction under s21 of the Housing Act 1988
A landlord can only evict a tenant under s21 of the Housing Act 1988 if one of the following grounds applies:
- The tenancy is an assured shorthold tenancy and has come to the end of its fixed term
- The tenant has failed to pay their rent
- The tenant has breached the terms of their tenancy agreement in some other way
- The landlord needs to carry out repairs or renovations on the property that cannot be carried out while the tenant is living there.
If any of these grounds apply, then the landlord can serve a notice on the tenant requiring them to leave the property on a specified date.
When can a landlord serve an eviction notice?
A landlord can only serve an eviction notice during the fixed term of the tenancy, unless one of the following applies:
- The tenant has failed to pay their rent
- The tenant has breached the terms of their tenancy agreement in some other way
- The landlord needs to carry out repairs or renovations on the property that cannot be carried out while the tenant is living there.
If any of these grounds apply, then the landlord can serve a notice on the tenant requiring them to leave the property on a specified date.
How long does an eviction notice have to be?
The eviction notice must give the tenant at least two months’ notice that they are required to leave the property.
Can a tenant challenge an eviction notice?
If the tenant believes that the eviction notice is not valid, then they can challenge it in court.
The tenant can also apply to the court for a ‘suspended possession order’. This means that they can stay in the property as long as they comply with certain conditions, such as paying their rent on time.
If the tenant does not pay their rent or breaches the terms of their tenancy agreement, then the landlord can apply to the court for an ‘unlawful detainer warrant’, which will result in the tenant being evicted from the property.
Get help from a housing advisor
If you are facing eviction, or have already been served with an eviction notice, you should get advice from a housing advisor. They will be able to tell you whether the notice is valid, and what your options are.
You can find a housing advisor in your area by contacting your local authority, or by visiting the website of the charity Shelter.
Conclusion
The s21 eviction notice is the first step in the legal process of evicting a tenant in England or Wales. The notice must be served by the landlord, and must state that the tenant must leave the property on a certain date. The notice must be in writing, and must be signed by the landlord or their agent.