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Six-month lifespan for section 21 notices confirmed

Section 21 notices served in England on or after 1 October 2021 can be relied on in some circumstances for six months to commence proceedings.

This is made clear in updated guidance from the Government on Understanding the possession action process: A guide for private landlords in England and Wales.

The six-month lifespan applies to notices where Section 21 (4D) applies because the tenancy was or is a fixed term tenancy or has become a periodic tenancy under the terms of which the tenant is entitled to no more than two months’ notice. In the case of a periodic tenancy under to which Section 21 (4E) applies and the tenant is entitled to more than two months’ notice, that notice can be relied upon for four months from the date specified in the notice as that on which possession is required.

However, the guidance urges landlords to think twice before using Section 21.

‘In light of the many difficulties caused by the COVID-19 pandemic, we urge everyone to show compassion and exercise flexibility as far as possible. We therefore encourage you to only seek possession where you have grounds to do so, having tried to resolve any issues with your tenant first. We strongly recommend that you only seek possession through a section 21 notice (without grounds) if there are no other alternatives to doing so’.

  • Section 21 is expected to be scrapped or much amended in the Government’s promised (but delayed) rent reform legislation. But, said Homeppl chief executive Alexander Siedes, scrapping a landlord’s right to evict a tenant is the right solution. ‘In my experience, there is always a reason why a landlord chooses to evict – it could be because the tenants are in arrears, or they are not meeting their legal obligations under the agreement. In some circumstances, the landlord may be struggling financially and need to sell the property, and surely he or she needs to be able to sell assets to avoid being forced into debt?’