If you receive a Section 21 notice, this is the first step for your landlord to ask you to leave. You'll only receive a Section 21 notice if you have an assured short hold tenancy with your landlord.
The notice should give you:
- a date to leave your home by
- at least 2 months notice.
Your tenancy will continue until you:
- end your tenancy by agreement
- give notice to end your tenancy
- are evicted by bailiffs.
Your landlord can apply to the court to evict you after your Section 21 notice ends if you do not leave. This will start the next stage in the eviction process including a court hearing.
What to do if you receive a Section 21 notice
Contact the homelessness team as early as possible to let them know you've received a Section 21 notice and are at risk of losing your home.
You'll be able to get free advice on the notice and your housing situation. They are also able to help at a court possession hearing.
Valid Section 21 notice
A legal adviser or one of the homelessness team can help you check the Section 21 notice is valid. This will include checking:
- the notice has all the details and dates it must have
- the landlord has not broken any rules about when they can and cannot give the notice.
If the notice is valid, there are 3 options for you.
- Agree a date with your landlord if you're able to move before or on the date given on the Section 21 notice
- Give your landlord notice as you normally would because you cannot move before or one the date given on the notice
- Go through the eviction process where you'll be evicted by court bailiffs.
Invalid Section 21 notice
If the Section 21 notice is invalid, you can challenge it at the court hearing.
If a judge confirms the notice is invalid, you'll be able to stay in your home, but the landlord may choose to start the process again with a valid notice.
What to do until the end of your tenancy
It's important that you:
- continue to pay your rent until your tenancy ends
- do not leave your home unless you have somewhere else to stay. If you leave to stay with friends or family, we may find you intentionally homeless and may stop helping you
- do not sign any documents that may end your tenancy unless you're ready to move out
- know you can ask your landlord to delay the court action if you need more time to look for somewhere to live
- know your landlord is responsible for repairs until the end of your tenancy
- know that if your landlord is harassing you to leave after they serve you a Section 21 notice, you can deal with harassment just as you would during your tenancy.