Section 21 Notice
The introduction of the Renters Rights Act means that Section 21 'No-fault' evictions are now abolished. DCB Legal are helping landlords navigate their options uder the new Section 8 Grounds.
Serving Section 21
DCB Legal provide a complete solution to residential possession for landlords.
Specialist Property Solicitors
Regaining a property via Section 21 was a difficult task for even the most experienced landlord. The rules and procedures for landlords are under constant review by successive governments, and as of 1st May, the route to repossession under section 21 has been removed by the Renters Rights Act.
Together with our sister company DCBL, the UK’s leading eviction and high court enforcement provider, we can take your case from start to finish, allowing us to help landlords across England navigate the new rules and recover their property and arrears quickly and efficiently through alternative routes to Section 21.
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End of Section 21 & ‘No-Fault’ Evictions
The government has now abolished Section 21 ‘No-Fault’ evictions in England. As of 1st May, landlords can no longer serve ‘no-fault’ eviction notices.
This major legislation change also means the abolition of fixed-term tenancies (AST’s). All tenancies, now known as Assured Periodic Tenancies, are open-ended, providing tenants with greater security but requires landlords to use specific grounds (Section 8) to regain possession.
What this means for you:
No more Section 21: You cannot use the ‘no-fault’ route after 1st May. Future notices must be served under the recently updated Section 8 Grounds.
Transitional Period: If you have already served a valid Section 21 notice, you may still bring a claim to court, but this must be done by 31st July.
New Grounds for Possession: Landlords must now rely on Section 8 notices, which have been strengthened to include grounds such as selling the property or moving family members in (requiring 4 months’ notice).
Unsure how these changes affect your property? DCB Legal is helping landlords navigate this transition. Contact our specialist team to discuss the new Section 8 requirements.
For any landlord’s looking to navigate the new legislation, DCB Legal can offer that assistance.
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What was a Section 21 Notice?
A Section 21 notice was the mechanism for reclaiming ownership of a property once the tenancy agreement had expired. Unlike a Section 8, there did not need to be a specific reason to serve the notice, just that the fixed term of the of the tenancy had ended or during a rolling tenancy with no fixed end date. The procedure was set out in Section 21 of the Housing Act 1988.
How much notice needed to be given?
When a landlord issued a section 21 notice to their tenant, they were required to give a notice period of two months for the tenant to vacate the property.
When an Assured Shorthold Tenancy agreement (now replaced by Assured Periodic Tenancies) ended and a “contractual” periodic tenancy commenced, the landlord may have been obligated to provide a longer notice period. For instance, landlords were required to provide three months’ notice if the lessee paid rent every three months.
What happened when a Section 21 Notice Expires?
If a tenant did not vacate after a Section 21 Notice had expired, then a possession order could have beeen applied for in the county court. One of the benefits of using Section 21 was that the claim could be made for an accelerated possession order, meaning the claim was fast tracked through the county court process provided all the paperwork was correct and the tenant did not challenge the process. This process is no longer open to landlords, except for notices served before 30th April – in which case claims can still be brought until 31st July.
If you have served a Section 21 notice but are unsure of the next steps, contact our expert property team today.
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Why use a law firm to regain possession?
With the introduction of the Renters Rights Act, many landlords are left in the dark as to how they can regain possession of their property. One of the key benefits of using DCB Legal is our specialist property team who offer unrivalled knowledge of both the court process and the practicalities of regaining your property through a High Court Writ of Possession.
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What were the consequences for a landlord serving an invalid Section 21 notice?
Landlords faced severe repercussions if they serve an invalid Section 21 notice. Landlords who fail to comply with the Housing Act 1988 may be subject to penalties or sanctions imposed by the court, in addition to significant delays and legal fees. For landlords who are still able to bring claims, contact DCB Legal today to ensure your claim does not face unnecessary delays.
Can a Landlord rectify an invalid Section 21 Notice?
A landlord had the ability to rectify errors and issue a fresh, legally valid Section 21 notice in certain situations. After 30th April, this is no longer the case, any claim brought that is not valid will not be rectifiable. The landlord is obligated to fulfill all the legal prerequisites outlined in the Housing Act 1988 and as such, it is advisable to seek legal assistance in order to guarantee compliance.
About DCB Legal
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We’ve implemented key measures to ensure our service aligns with our mission “to provide our Clients with an ethical, low-touch Litigation service with unrivalled results”.
DCB Legal has a team designated to the continuous improvement of its processes. The team works closely with the operations manager to ensure focus is given to compliance, internal quality assessment and to the most arduous of tasks. These efficiencies allow the service to be run in the most risk-averse manner for the client.
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at the outset of any eviction or tenancy issue
David Croot, solicitor at DCB Legal, helped me regained possession of my flat and recouped as much of the arrears as possible. David’s strategic abilities, combined with his empathetic communication style, made me feel confident and reassured. His patience, kindness, exceptional knowledge and, importantly, experience allowed me to achieve the best possible outcome.
Heleen VW
Can’t Pay? We’ll Take It Away!
One Solution for Landlords.
DCBL and their agents, exclusively featured on the popular series ‘Can’t Pay? We’ll take it away’, are now known worldwide as the face of High Court Enforcement – most notably for their ethical approach to enforcement of County Court Judgments and Possession orders.
Often, delays in the county court bailiff services mean landlords can be waiting months before an agent can attend with no guarantee of results. DCB Legal offers our clients a seamless transfer of cases to DCBL, allowing for swift enforcement action carried out in an ethical and pragmatic manner.
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