Eviction Notice Basics

A Section 21 notice is a no-fault eviction notice under Section 21 of the Housing Act 1988. It allows a landlord to reclaim possession of a property without giving a specific reason. It can only be used for Assured Shorthold Tenancies.

For a Section 21 notice to be valid, the landlord must have:

• Protected your deposit in a government-approved scheme within 30 days and provided prescribed information
• Given you a copy of the government's current "How to Rent" guide
• Given you a valid Energy Performance Certificate (EPC) rating E or above
• Given you a valid gas safety certificate (if there is gas in the property) and annual renewals
• Used Form 6A — the prescribed form — for any tenancy starting after 1 October 2015
• Given at least 2 months' notice

The Section 21 notice expires — if the landlord does not apply to court within 6 months of the expiry date, they must serve a new notice. Section 21 is being abolished by the Renters' Rights Bill.

A Section 8 notice is served when the landlord has specific legal grounds to repossess. The notice must specify which ground(s) are being relied upon. Grounds are listed in Schedule 2 of the Housing Act 1988 and are either mandatory (the court must grant possession if the ground is proved) or discretionary (the court has discretion even if the ground is proved).

The most commonly used grounds are:

• Ground 8: Mandatory — at least 2 months' rent arrears at the time of notice and at the hearing. 14 days' notice required.
• Ground 10: Discretionary — some arrears of rent. 14 days' notice required.
• Ground 14: Discretionary — nuisance or antisocial behaviour. Notice can be served immediately.
• Ground 1: Discretionary — landlord intends to occupy as principal home (must have given notice at the start of the tenancy). 2 months' notice required.

Many eviction notices are defective and can be challenged. Common reasons a Section 21 notice is invalid include:

• Deposit not protected or prescribed information not provided
• How to Rent guide not provided (or an outdated version provided)
• Gas safety certificate not provided or not renewed annually
• EPC not provided or property has an EPC below E (unless an exemption is registered)
• Incorrect form used, or prescribed form not completed correctly
• Notice served within the first 4 months of the tenancy
• Notice period less than 2 months

If you believe a notice is invalid, do not simply ignore it. Seek advice from Shelter or Citizens Advice immediately. You can raise the validity issues in any subsequent court possession proceedings.

If you do not leave after the notice expires, the landlord must apply to the county court for a possession order. The court process provides you with further opportunities to challenge the eviction:

• You will receive a court summons with a hearing date. Attend the hearing.
• For Section 21 claims, courts use the accelerated possession procedure — there may not be a hearing if you do not dispute the claim.
• For Section 8 claims, there will typically be a hearing at which you can defend the claim and raise any counterclaims (such as disrepair).
• Even after a possession order is granted, the landlord cannot evict you without also obtaining a bailiff's warrant.
• Courts can delay execution of warrants in some circumstances.

If you are at risk of homelessness, apply to your local council for housing assistance as soon as you receive a notice. You do not need to wait until you are evicted.