Attention Landlords: The Clock is Ticking on Evictions! Act Now Before Section 21 is Gone

I want to alert landlords to a critical update: if you’re considering an eviction, now is the time to act. Significant changes to eviction laws are on the horizon, and with Section 21—the “no-fault” eviction route—soon to be abolished, moving quickly could save you future hassle and costs. 

Understanding Section 21 and Its Impending Abolition 

For years, Section 21 has empowered landlords to reclaim properties without needing specific grounds for eviction, as long as notice requirements were met. This flexibility, however, is about to disappear. The government’s proposed abolishment of Section 21 will mean landlords will need concrete reasons for evictions—like unpaid rent or property damage—leading to a more complex, time-consuming process. 

What Landlords Need to Serve a Section 21 Notice 

To legally serve a Section 21 notice, landlords in the UK must ensure they have the following documents in order. Missing any of these requirements can invalidate the notice, resulting in costly delays and complications: 

Tenancy Agreement 

A copy of the original tenancy agreement signed by both landlord and tenant, which must be an Assured Shorthold Tenancy (AST). 

Section 21 Notice (Form 6A) 

Use the latest Form 6A for serving notice under Section 21. The form must be correctly filled and provided in compliance with the required notice period. 

Energy Performance Certificate (EPC) 

Provide a valid EPC for the property, given to the tenant at the start of the tenancy. 

Gas Safety Certificate 

If applicable, supply a valid gas safety certificate to the tenant within 28 days of the inspection and before the tenancy begins. 

How to Rent Guide 

Provide the tenant with the latest “How to Rent: the checklist for renting in England” guide at the start of the tenancy or whenever the guide is updated. 

Deposit Protection Certificate 

Verify that the tenant’s deposit is secured in a government-authorized scheme (such as DPS, TDS, or MyDeposits). The tenant should receive the prescribed deposit protection information within 30 days of deposit receipt. 

How Landlords Will Be Impacted After Section 21 is Abolished 

The end of Section 21 represents a fundamental shift in the landlord-tenant relationship, making the eviction process far more rigorous. Here are the keyways it will impact landlords: 

Just Cause Requirement for Evictions 

Landlords will no longer be able to evict tenants without a valid reason. Only specific grounds such as non-payment of rent, property damage, or breach of tenancy terms will be acceptable. This change will reduce flexibility, requiring landlords to document and prove any reasons for eviction. 

Increased Legal Complexity and Costs 

With more tenants expected to contest evictions, landlords will likely face longer wait times, more detailed documentation requirements. The need for solid evidence means that landlords may need to hire legal support for successful eviction proceedings. 

Longer Eviction Timelines 

Evictions could take much longer as cases move through the courts, especially if tenants challenge the grounds for eviction. The new process will impose stricter timelines and verification steps, potentially leaving landlords with tenants for extended periods even after issuing a notice. 

Potential Financial Implications 

With increased timelines and legal costs, landlords may experience delays in regaining control of their property, which could impact their cash flow, especially if tenants have arrears. Additionally, extended court processes may mean landlords will face losses if the property cannot be re-let promptly. 

Increased Record-Keeping Requirements 

Landlords will need to keep detailed records of tenant communications, maintenance requests, and property inspections. This documentation will become essential if eviction proceedings are necessary, as each case will require substantial evidence to support the grounds for eviction. 

More Stringent Tenant Screening Process 

The process for selecting tenants will become even more critical under the new regulations. Careful screening for reliable tenants who pay rent on time and adhere to tenancy agreements can help minimize potential eviction issues, reducing the need for the legal and administrative burden that comes with evictions. 

Why Now is the Ideal Time to Act 

If an eviction is on the horizon, taking action before Section 21 is abolished can save both time and money: 

Streamlined Process: Section 21 currently offers a straightforward eviction process—no justification needed beyond proper notice. 

Reduced Legal Costs and Complications: Avoid the extended legal procedures and fees that are likely to come with the new rules. 

Manage Your Property on Your Terms: Acting now allows you to handle evictions under the current, simpler framework, sparing you from the anticipated administrative burden. 

How We Support Landlords Through This Transition 

At Adam Bernard, we specialize in assisting landlords with the eviction process, ensuring full compliance and smooth proceedings. Our services include: 

Comprehensive Guidance: We handle every step, making sure your process is seamless and compliant with current regulations. 

Notice Preparation and Delivery: Our team ensures your Section 21 (or Section 8, if needed) notice is legally sound and correctly served. 

Court Representation: If your case requires court involvement, our experienced team will advocate for your rights. 

Preparing for Future Changes: We advise on best practices for tenant management and lease structuring to keep you ahead of regulatory changes. 

Preparing for a post-section 21 Landscape 

As Section 21 comes to an end, landlords will need to adapt. Key steps to consider include: 

Detailed Documentation: Keep thorough records of tenant communications, maintenance, and payment issues. 

Tenant Screening: Careful tenant selection will be even more crucial under the new laws. 

Regular Inspections: Routine property inspections will help you identify and address issues proactively. 

Don’t Delay – Contact U