Section 21 ‘No-Fault’ Possession
A Section 21 notice allows landlords to take back their property at the end of a fixed-term tenancy or during a periodic tenancy without needing to prove any wrongdoing by the tenant. It’s often referred to as the “no-fault” eviction route.
To be valid, landlords must follow strict legal rules. The tenancy deposit must be protected in a government-approved scheme, tenants must have received the required prescribed information, and documents such as the “How to Rent” guide, an EPC, and a valid gas and electrical safety certificate must have been provided. Failure to meet these conditions can make the notice invalid.
The minimum notice period is two months, but the notice cannot be served within the first four months of the tenancy. In certain cases, landlords can use the accelerated possession procedure, a paper-based route where the court may grant possession without the need for a hearing if all documents are correct.
It’s important to note that rent arrears cannot be claimed under Section 21. If rent is owed, a separate claim must be issued under Section 8 or through the court.
Why Section 21 Matters
- Provides a clear legal route for landlords to recover their property.
- Can be faster and more straightforward than Section 8 if all conditions are met.
- Avoids the need to prove tenant misconduct.
How We Help Landlords
Our eviction team checks every compliance requirement before issuing a notice. We draft and serve a fully valid Section 21 notice within 24 hours and support you through the court process if your tenant does not vacate.
With us, you can be confident your Section 21 notice is valid, enforceable, and processed efficiently — protecting your rights and avoiding costly delays.
Please be aware that the upcoming Renters’ Reform Bill will abolish Section 21 notices. Landlords should act now to protect their position
Notice to Quit / Non-Tenancy Possession
A Notice to Quit is used in situations where the occupier is not a tenant under an assured shorthold tenancy. It applies to lodgers, licensees, squatters, trespassers, or former tenants who remain in the property after their tenancy has ended.
Although these occupiers have fewer rights than tenants, landlords must still serve the correct legal notice before they can lawfully recover possession. The form and wording of the notice are crucial. A defective notice can cause serious delays, forcing the landlord to restart the process.
Notice Periods
Notice periods for a Notice to Quit are generally shorter than for Section 21 or Section 8. In many cases, it may be as little as 28 days, or even less where trespassers are involved. However, the exact period depends on the occupier’s legal status and any agreement in place.
Why Precision Counts
Serving the wrong notice, or wording it incorrectly, can result in wasted time and expense. The court expects absolute accuracy in how notices are prepared and delivered.
How We Support Landlords
- We assess whether the occupier is a tenant, lodger, licensee, or trespasser.
- We confirm the correct notice period for the circumstances.
- We draft and serve a compliant Notice to Quit within 24 hours.
- If the occupier refuses to leave, we guide you through the possession order and enforcement process.
Protecting Your Property Rights
A Notice to Quit is often the quickest way to recover property from non-tenants, but only if it’s served correctly. Our expertise ensures the notice is valid and that you can move forward with confidence, knowing the process is legally sound and your property will be recovered as quickly as possible.
Contact our specialist eviction solicitors today for a fixed fee guaranteed eviction.
