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The government has announced an indefinite delay to their ban on no-fault evictions in England.

The plan to end the right of landlords to evict tenants without a reason has been shelved until a reform of the court system is completed.

As part of the Renters Reform Bill, the government had proposed to end Section 21 no-fault evictions and replace them with a simpler tenancy structure.

The aim of the bill was to give renters a better deal and also introduce more comprehensive possession grounds so landlords could still repossess their property if their tenants behaved anti-socially or were in repeat rent arrears.

If this has left you confused about what your rights are as a landlord, we’re here to help.

What is a Section 21 notice?

A Section 21 notice allows you to evict tenants with an assured shorthold tenancy – the most common form of rental agreement – without providing a reason.

The landlord has to put the notice in writing telling their tenant they intend to evict them after the end of a fixed term or during a tenancy with no fixed end date.

Section 21 notices are sometimes called an ‘eviction notice’, a ‘notice to quit’ or a ‘notice seeking possession’.

You must use tenancy form 6A or include all the information on it when serving a Section 21 notice to your tenant.  

When can I serve a section 21 notice?

You can serve a Section 21 notice after the tenant has been in your property for four months.

Normally, you have to give the tenant at least two months’ notice to leave.

A Section 21 notice is served once the tenant has actually received it. You can deliver it by post, by email or in person.

Are there any restrictions on serving a Section 21 notice?

 There are a number of factors that prevent you from issuing a Section 21 notice to your tenant including:

• It’s less than four months since the tenancy started.
• The property is categorised as a house in multiple occupation (HMO) and doesn’t have a licence from the council.
• The tenancy started after 2007 and you haven’t put the tenants deposit in a deposit protection scheme

You also can’t issue a Section 21 notice if you haven’t given your tenant copies of:

• The property’s energy performance certificate
• The government’s ‘how to rent guide’
• A current gas safety certificate

You can access a full list of things preventing you from issuing a Section 21 notice on the government website.

Can I use a Section 21 notice if my tenant hasn’t paid their rent?

You can issue a Section 21 notice if you want your tenant to leave your property because they are in rent arrears.

You don’t have to prove that the tenant is in rent arrears, which is why they are sometimes called ‘no-fault evictions’.

However, the more common route for evicting tenants who haven’t paid their rent is a Section 8 notice.

This is a notice served to tenants who have broken the terms of their rental agreement.

Can I get the rent I’m owed back?

If you have the right insurance policy in place, you can get cover for rent arrears if your tenants haven’t paid up.

Churchill offer Rent Arrears Cover as part of our Legal Expenses Cover add-on with our Landlord Insurance.

You can claim back up to 12 months’ rent if you’ve correctly served an eviction notice to your tenant.  

Cover is subject to reference and credit checks. Claims are administered by DAS Legal Expenses Insurance Limited.