Landlords have the right to evict tenants from their property, however they must follow the correct legal process. The Section 21 process is the most common way for landlords to evict tenants who have an assured shorthold tenancy (AST) agreement. However, there are several common misunderstandings about the Section 21 process that can cause confusion and problems for landlords. In this guide, we will explore some of these misunderstandings and provide clarity on the Section 21 process.

What is the Section 21 Notice?

The Section 21 Notice is a legal notice served by landlords to tenants to regain possession of their property at the end of the tenancy. This notice is commonly used when a landlord wants to evict a tenant without providing any reason.

The Common Misunderstandings about the Section 21 Process

1. The Section 21 Notice is a Breach of Contract

Some tenants believe that the Section 21 Notice is a breach of the tenancy agreement, and that they have a right to remain in the property until the end of the fixed term. However, this is not the case. As long as the correct procedures are followed, a landlord can serve a Section 21 Notice at any time during the tenancy, even if it is before the end of the fixed term.

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2. The Section 21 Notice is a Notice to Quit

Another common misconception is that the Section 21 Notice is a Notice to Quit. While the two notices may appear similar, they are not the same. A Notice to Quit is a notice served by a tenant to terminate the tenancy, while the Section 21 Notice is a notice served by a landlord to regain possession of their property.

3. The Tenant has to Leave the Property Immediately after Receiving a Section 21 Notice

Tenants may also believe that they have to leave the property immediately after receiving a Section 21 Notice. However, this is not the case. A landlord cannot evict a tenant without obtaining a possession order from the court. Even after obtaining the possession order, the tenant is still entitled to stay in the property until the bailiffs arrive to enforce the order. 

How to Serve a Section 21 Notice

To serve a Section 21 Notice, the landlord must ensure that they have provided the tenant with valid compliance documents and the legally compulsory documents at the start of the tenancy. The notice must be in writing, and it must give the tenant at least two months’ notice before the landlord can apply for a possession order.

Conclusion

In conclusion, the Section 21 process can be a valuable tool for landlords to regain possession of their property. However, there are common misunderstandings surrounding the process that both landlords and tenants should be aware of. By understanding these misunderstandings and following the correct procedures, landlords can serve a Section 21 Notice with confidence and ensure a smooth and legal eviction process. 

We recommend that landlords seek professional advice before serving a Section 21 Notice, as the process can be complex and mistakes can be costly. By working with a reputable property management company or solicitor, landlords can ensure that they are following the correct procedures and protecting their investments.

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