What is a Section 21? - Private Renters in Camden
What is a Section 21 notice?
If you have received a Section 21 notice, your landlord is taking steps to make you leave your home.
If the Section 21 notice is valid, your landlord will need to take you to court to evict you.
How do I know if the Section 21 notice is valid?
- Your landlord needs to give you enough notice to leave. If you receive your notice;
- On or after 1 October 2021 – you should be given two months’ notice
- Before 26 March 2020 – you should be given two months’ notice
- Between 26 March 2020 and 30 September 2021 – there are special rules due to coronavirus please visit Citizens Advice website for more details
- Your deposit hasn’t been protected. The Section 21 notice will not be valid if your landlord didn’t protect your deposit or they protected it late – unless they have already returned your deposit back to you.
- Your landlord asked for a deposit of more than five weeks’ rent.
- You didn’t get information about your deposit. Your Section 21 will not be valid if your landlord didn’t provide the following ‘prescribed information’:
- Details of the deposit protection scheme used
- Your landlord’s contact details
- How to get deposit back when you leave
- A signed statement from your landlord saying the information is accurate
- A mistake on section 21. Check the Section 21 carefully, is your name spelt correctly, the address correct. Are the landlords or letting agent details correct.
- The property hasn’t been licensed. If you live in a house that should be licensed and your landlord doesn’t have one, your Section 21 notice might not be valid.
- Your not given the right documents. If your tenancy started after 1 October 2015, your Section 21 is only valid if your landlord has already given you:
- A gas safety certificate dated no more than 12 months before they gave it to you
- An energy Performance Certificate
- An up to date version of the ‘How To Rent’ guide
- Your landlord didn’t use form 6a. If your landlord didn’t use form 6A it might still be valid – it depends on when your tenancy started.
- Your landlord doesn’t go to court in time. Your landlord can’t evict you if they don’t start court process within 6 months after giving you the Section 21 notice. It may still be valid if your tenancy started before 1 October 2015.
- You have a fixed term tenancy. Your Section 21 notice will not be valid if you get it within four months of the start of your original tenancy. You won’t need to leave before your fixed term ends – unless there’s a break clause.
- You’re being evicted because you complained. Your landlord has to keep your home in good condition and do repairs if you need them. They can’t make you leave your home just for asking for repairs – this is called ‘retaliatory eviction’. You might be able to challenge this.
- The Council has ordered repairs. If the Council has served an improvement notice or emergency works notice your landlord cannot legally give you a Section 21 for the next six months.
- Your landlord charged banned fees during your contract. You might be able to challenge the eviction if you paid your landlord any fees. Your landlord can only charge you for:
- Rent and utility bills
- Damage deposit
- Holding deposit (up to one weeks' rent)
- Fee for losing key or key fob
- Fee for paying rent 14 days late or more
- Fee for change to tenancy you asked for
- Fee for ending tenancy early
- Council tax
- TV licence
For further advice please visit the Citizens Advice website.
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