Update: July 2023

In a significant shakeup of the rental sector, the Renters’ Reform Bill is anticipated to bolster the Section 8 eviction process, particularly concerning the removal of anti-social tenants. This move is likely to streamline the eviction procedure and make it more efficient for landlords dealing with disruptive renters.

Section 8, part of the Housing Act 1988, gives landlords grounds for eviction in cases of rent arrears, property damage, or anti-social behaviour. The proposed reform is expected to further amplify these powers, creating a more effective mechanism for tackling persistent anti-social conduct.

This strengthening of Section 8 evictions is seen as a counterbalance to the proposed abolition of Section 21 evictions – colloquially known as the “no fault” evictions. The move to scrap these evictions, which currently allow landlords to evict tenants without any specific reasoning at the end of their tenancy, is anticipated to provide more stability and security for renters.

Simultaneously, in a push towards longer-term security for tenants, the bill proposes changes from Fixed Term Tenancies to Periodic Tenancies, also known as ‘rolling’ tenancies. This change would mean that, instead of having a fixed end date, tenancies would continue on a month-to-month or week-to-week basis, providing flexibility for both landlords and tenants.

These legislative changes are seen by many as a means of rebalancing the power dynamics within the rental sector, offering tenants improved security whilst ensuring landlords maintain essential rights to manage their properties effectively. The Renters’ Reform Bill’s progress will undoubtedly be closely watched by tenants, landlords, and industry experts alike.

In the most recent weeks, there have been multiple calls from various parties, including the NRLA to re-evaluate the need to abolish Section 21 evictions, even extending to a Petition to the Government, which is currently sitting at 2600 of the 10000 it needs to get a response.  

If you’re a landlord, you need to know that there are various legal requirements that you need to comply with. One of these requirements is serving a Section 21 notice period to your tenants if you want to regain possession of your property. Knowing how long a Section 21 notice period is can help you plan the end of a tenancy effectively, and avoid any potential legal complications.

In this blog post, we’ll provide a comprehensive guide to help landlords understand how long a Section 21 notice period is.

What is a Section 21 Notice Period?

A Section 21 notice period is a legal notice that a landlord serves to their tenants when they want to regain possession of their property. This notice is served under Section 21 of the Housing Act 1988 and can be served for both fixed-term and periodic tenancies.

Landlords can serve a Section 21 notice period without providing any reasons for regaining possession of the property.

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How Long is a Section 21 Notice Period?

The length of a Section 21 notice period depends on various factors, including the type of notice served, the type of tenancy, and the date on which the notice is served.

There are two types of Section 21 notices: Section 21(1) and Section 21(4). A Section 21(1) notice can be served during the fixed-term tenancy, and the length of the notice period must be at least two months. A Section 21(4) notice is served during a periodic tenancy, and the length of the notice period must be at least two months.

The notice period length can vary depending on whether the tenancy is a fixed-term or periodic tenancy. For a fixed-term tenancy, the notice period can be served at any time during the tenancy, but the possession date cannot be before the end of the fixed term. For a periodic tenancy, the notice period must expire at the end of a rental period, and the notice period length depends on the rental period.

To calculate the length of a notice period, you need to consider the date on which the notice is served and the date on which the notice period expires. For example, if a Section 21(1) notice is served on the 1st of March, the earliest possession date would be the 1st of May, as the notice period must be at least two months.

Serving a Section 21 Notice Period

Serving a Section 21 notice period can be a complicated process, and failure to serve the notice correctly can result in legal complications. It’s essential to ensure that the notice is served in the correct form and that the correct notice period length is used.

When serving the notice, it’s essential to keep a record of the date on which the notice was served, and how it was served. This will help you prove that you have served the notice correctly if any legal disputes arise.

Conclusion

In conclusion, understanding how long a Section 21 notice period is crucial for landlords who want to regain possession of their property. The notice period length depends on various factors, including the type of notice served and the type of tenancy.

To ensure a smooth tenancy end for both landlords and tenants, it’s essential to serve the notice correctly and to seek legal advice if you have any doubts about the process. We hope this guide has helped you understand how long a Section 21 notice period is and how it works.

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