Understanding Section 21: Why It Doesn’t End a Tenancy
Many landlords believe that serving a Section 21 notice means the tenancy ends when the notice period expires.
However, this is a common misconception. In reality, Section 21 is merely the start of the possession process—not the end of the tenancy. Tenants have rights, and understanding them can help avoid unnecessary stress and financial consequences.
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What Is Section 21?
A Section 21 notice is a formal notice that the landlord wishes to regain possession of the property. It is often referred to as a "no-fault eviction." However, serving a Section 21 notice does not automatically end the tenancy.
Key Points About Section 21:
It is a notice of intent to seek possession, not an eviction order.
Tenants do not have to leave when the notice expires.
The landlord must follow a legal process through the courts to regain possession.
What Happens After a Section 21 Notice?
Once a Section 21 notice expires, the tenancy continues unless either the tenant voluntarily vacates or the landlord takes the next step for possession. If the tenant does not leave voluntarily, the landlord must apply to the court for a possession order.
The Legal Process:
Section 21 Notice Served – The landlord issues the notice, giving at least two months' notice.
Notice Period Ends – The tenant is not legally required to leave at this stage.
Landlord Applies to Court – If the tenant remains, the landlord must seek a possession order.
Court Grants Possession Order – If successful, the court sets a date for the tenant to leave.
Bailiff Enforcement – If the tenant still does not leave, the landlord can request bailiffs to enforce the eviction.
Should Tenants Stay Until Bailiffs Arrive?
Many local councils advise tenants to remain in the property until bailiffs arrive. This advice is not legally incorrect, as tenants cannot be forcibly removed without a court order. However, it can be unhelpful because:
Tenants may face court costs if the landlord takes legal action.
A possession order and eviction can negatively impact future housing applications.
The stress of court proceedings can be avoided by negotiating an exit plan.
What Should Tenants Do?
If you receive a Section 21 notice, consider the following steps:
Seek Advice Early – Contact a housing charity, solicitor, or local council for guidance.
Communicate with Your Landlord – If possible, negotiate a reasonable move-out date to avoid court proceedings.
Understand Your Rights – You are not required to leave immediately, but staying until bailiffs arrive may have financial and legal consequences.
Look for Alternative Housing – Start searching for a new home as soon as possible to avoid last-minute stress.
A Section 21 notice does not end a tenancy—it simply starts the legal process for possession. Tenants have the right to remain in their home until a court order is granted, but staying until bailiffs arrive can lead to unnecessary costs and complications. Seeking advice early and understanding the process can help tenants make informed decisions and avoid legal pitfalls.
