Section 21 Notice
Our expert property team can quickly assess cases and serve the Section 21 notice, removing the hassle of research and the risk of mistakes.
Serving Section 21
DCB Legal provide a complete solution to residential possession for landlords.
Obtaining a Possesion Order
Applying for a possession order can be a daunting task for landlords. Instructing DCB Legal gives landlords peace of mind that the claim will be handled by a specialist property lawyer.
Regaining your property
DCB Legal understands the effect that having to wait to enforce an order can have. Our sister company DCBL offers an unparalleled knowledge of the court processes and practicalities of enforcement.
Specialist Landlord Services
DCB Legal’s specialist property team offers landlords expert advice and services, ensuring the quickest and most cost-effective route to reclaiming properties.
Specialist Property Solicitors
Regaining a property via Section 21 can be a difficult task for even the most experienced landlord. The rules and procedures are under constant review by successive governments, and a number of requirements must be met for the claim to be valid. Our expert property litigation team can ensure a claim is compliant and issue a Section 21 notice, removing the hassle of research and the risk of mistakes.
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 recover their property and arrears quickly and efficiently.
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Labour to ban ‘no-fault’ evictions
“We will immediately abolish Section 21 ‘no fault’ evictions” – Change, Labour Party Manifesto 2024.
Section 21 Housing Act 1988 allows many landlords to legally evict tenants without needing a reason, so long as the correct notice period is given. It was a key manifesto pledge by the Labour party that they would abolish such evictions, meaning that in future, landlords would only be able to evict tenants within a limited number of circumstances, potentially leaving landlords with capital tied-up in properties that they are unable to sell.
Whilst we await definite policy announcements on the issue, Chancellor Rachel Reeves has already referenced the ban in her inaugural speech to the Treasury, stating “We will finally get rid of no fault evictions [for] those who are not fortunate enough to either own their own home or have social housing.”
For any landlord’s looking to get ahead of the ban, DCB Legal can offer that assistance.
Section 21 Instruction Form
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What is a Section 21 Notice?
A Section 21 notice initiates the procedure for reclaiming ownership of a property once the tenancy agreement has expired. Unlike a Section 8, there does not need to be a specific reason to serve the notice, just that the fixed term of the of the tenancy has ended or during a rolling tenancy with no fixed end date. The procedure is set out in Section 21 of the Housing Act 1988.
How much notice needs to be given?
When a landlord issues a section 21 notice to their tenant, they are required to give a notice period of two months for the tenant to vacate the property.
In the event of a “contractual” periodic tenancy, which arises after a fixed-term tenancy has expired and transitions into a periodic tenancy, the landlord may be obligated to provide a longer notice period. The government website specifies that the notice period must be equivalent to the rental period, provided that it exceeds two months. For instance, you are required to provide three months’ notice if your lessee pays rent every three months.
What happens if a Section 21 Notice Expires?
If a tenant does not vacate after a Section 21 Notice has expired, then a possession order can be applied for in the county court. One of the benefits of using Section 21 is that the claim can be made for an accelerated possession order, meaning the claim is fast tracked through the county court process provided all the paperwork is correct and the tenant does not challenge the process.
Normally, a possession order is granted without a hearing being required, but in rare cases a hearing may take place. A possession order may still be granted. The possession order will give a time scale for your tenant to vacate, and if they do not then enforcement agents can be instructed to carry out an eviction.
Why use a law firm to issue a Section 21 Notice?
Many issues can arise with a Section 21 Notice not being served correctly, a landlord’s responsibilities not being met, or missing key parts of the process leading to delays in the eviction process. 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 are the consequences for a landlord serving an invalid Section 21 notice?
Landlords may face 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.
Can a Landlord rectify an invalid Section 21 Notice?
A landlord has the ability to rectify errors and issue a fresh, legally valid Section 21 notice in certain situations. However, 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
Leaders in our specialist fields.
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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What our clients say
Our clients praise us for our great results, personable service and expert advice.
Seek expert advice from DCB Legal
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
Section 21 & Section 8
Although we were unsuccessful in our first attempt in court, we were successful in our second attempt. This whole process was handled by Neil Smith very professionally and he couldn’t have done any more during the first attempt at court date one. We have now been granted possession and are renovating our property at present. If we decide to go for our back rent we would definitely be in touch with Neil again.
Thank you DCB Legal!
Caroline and Andy Ruane
First rate service
First rate service. Having been badly let down by a supplier, DCB Legal successfully recovered all of my money. They took all the stress and worry out of the legal process and kept me fully informed at all times.
Thank you DCB Legal!
V A Rimington
Debt recovery
Would recommend this company. Very easy process to follow and supportive throughout the process. Everything, including costs and potential future costs were explained clearly in the first phone call.
Very happy with the outcome and first port of call should we need this type of service again.
Janet Farrell
I was pleased with how efficient and…
I was pleased with how efficient and simple it was to use the services of this company. I had a tenant who was refusing to move out, despite not paying rent for a long time. Within 3 weeks of engaging the services of this company the tenant was gone. I believe that the weight of a legal letter is much more valued than me writing to the tenant. I wish I had used them earlier in the process.
Michael
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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