Why Section 21 Notices Get Rejected

Section 21 notices, also known as "no-fault" eviction notices, are widely used by landlords in England and Wales to reclaim possession of their property. However, despite their popularity, these notices are often rejected by the courts due to procedural errors or non-compliance with legal requirements. In this guide, we’ll explore the most common reasons Section 21 notices fail, helping landlords understand how to avoid pitfalls when evicting a tenant.

Understanding Section 21 Notices

Section 21 notices fall under the Housing Act 1988 and allow landlords to evict tenants without needing to provide a reason, as long as they comply with all legal requirements. These notices are commonly used in residential eviction cases for assured shorthold tenancies (ASTs). The process might appear straightforward, but a single mistake can render the notice invalid.

Key Requirements for a Valid Section 21 Notice

Before serving a Section 21 notice, landlords must ensure:

1. Proper Form: The notice must be issued on the correct form (Form 6A) if the tenancy started or was renewed after October 1, 2015.

2. Compliance with Deposit Protection Rules: Any tenancy deposit must be placed in a government-approved scheme, and the tenant must receive prescribed information.

3. Provision of Documents: Tenants must be provided with an up-to-date Energy Performance Certificate (EPC), a valid gas safety certificate, and the government’s “How to Rent” guide.

4. Correct Notice Period: The landlord must provide the tenant with at least two months' notice.

5. No Retaliatory Evictions: The notice cannot be served in retaliation for the tenant’s complaints about the condition of the property.

6. No Outstanding Licensing Issues: If the property requires a license, such as an HMO license, the landlord must ensure it is in place before serving the notice.

Common Reasons Section 21 Notices Get Rejected

Despite their simplicity, Section 21 notices often fail in court due to errors. Below are some of the most common reasons why a court may reject a Section 21 notice during a residential eviction process:

1. Failure to Protect the Deposit

Landlords are legally required to protect the tenant’s deposit in one of the approved deposit protection schemes within 30 days of receiving it. Failure to do so invalidates the Section 21 notice. Additionally, landlords must provide the tenant with the prescribed information regarding the deposit.

2. Incorrect Form or Missing Information

Using the wrong version of the notice form or omitting critical details, such as the date of service or the date by which the tenant must vacate, can lead to rejection. For post-2015 tenancies, landlords must use Form 6A to avoid issues.

3. Non-Compliance with Document Provision

If the landlord fails to provide the tenant with an EPC, gas safety certificate, or the “How to Rent” guide before serving the Section 21 notice, the court will likely deem the notice invalid.

4. Insufficient Notice Period

Section 21 notices require a minimum of two months' notice. If the notice period is shortened or calculated incorrectly, the court may reject it. This is especially important when dealing with periodic tenancies, where the notice must align with the tenancy periods.

5. Retaliatory Evictions

If the tenant has lodged a complaint about the property’s condition and the local council serves an improvement notice or emergency remedial action notice, a Section 21 notice cannot be used for six months. Attempting to evict a tenant in such cases will likely fail.

6. Outstanding Licensing Issues

If the property is subject to selective licensing or HMO licensing and the landlord does not have the required license, any Section 21 notice served will be invalid.

7. Incorrect Service of the Notice

Serving the notice incorrectly, such as delivering it to the wrong address or failing to provide proof of service, can result in rejection. Landlords should always keep records of how and when the notice was delivered.

Tips to Avoid Section 21 Rejections

To ensure a smooth residential eviction process and avoid rejection of a Section 21 notice, landlords should follow these best practices:

1. Double-Check Legal Compliance

Ensure all required documents, including the EPC, gas safety certificate, and “How to Rent” guide, have been provided to the tenant. Verify that the tenancy deposit is protected and that prescribed information has been issued.

2. Use the Correct Form

Always use the latest version of Form 6A when issuing a Section 21 notice. Double-check the form for accuracy and completeness before serving it to the tenant.

3. Serve the Notice Correctly

Serve the notice in person, by post, or via email (if the tenancy agreement permits email communication). Keep a record of the service method and date to provide evidence if required.

4. Seek Professional Advice

If you’re unsure about the process, consult a solicitor or a professional eviction service. They can help ensure your Section 21 notice meets all legal requirements.

5. Maintain Open Communication

Maintaining good communication with your tenant can help resolve disputes amicably without resorting to eviction. In some cases, tenants may agree to vacate voluntarily, saving time and money.

6. Stay Updated on Legal Changes

Landlord-tenant laws are constantly evolving. Keep up to date with changes to ensure your eviction process complies with the latest regulations.

What to Do if Your Section 21 Notice is Rejected

If your Section 21 notice is rejected, you may need to start the process again. Address the reason for the rejection and ensure all legal requirements are met before reissuing the notice. Alternatively, consider other eviction routes, such as serving a Section 8 notice if the tenant has breached the tenancy agreement.

Conclusion

Evicting a tenant using a Section 21 notice may seem straightforward, but it requires strict compliance with legal requirements. By understanding the common reasons Section 21 notices get rejected and taking steps to avoid these pitfalls, landlords can navigate the residential eviction process with greater confidence. Always seek professional advice when in doubt to ensure your notice is valid and enforceable.