The Section 21 Notice originates from section 21 of the Housing Act (1988).

A Section 21 Notice is a Notice that a Landlord serves on a tenant to ask them to leave by a certain date and it is the first step in the legal process of recovering the Landlords property. The Landlord then has to apply to the Court. It is a “no fault” notice meaning that there doesn’t need to be any breaches of the tenancy agreement for it to be served.

The Section 21 Notice can be served during the tenancy if the tenancy has become a periodic tenancy or if there is a break date during the tenancy. The notice cannot be served during the first 4 months of the tenancy. If the Landlord must issue proceedings to evict the tenant following the expiry of the notice, this needs to be done within 6 months of the date of the notice or the notice will be invalid.

Mistakes that can render the Notice invalid

It is important to ensure that the Landlords obligations are complied with prior to the service of the notice, or the notice can be rendered invalid, meaning the procedure would need to be started again which would cause delays for the Landlord. Prior to the tenancy starting, the Landlord needs to ensure there is a valid EPC in place and that this is served on the tenant. The EPC is valid for 10 years. The EPC does not however need to be valid at the point the notice is issued, provided it was valid at the start of the tenancy. The Landlord also needs to ensure that there is a gas safety certificate in place and that the tenant has seen this prior to the tenancy commencing, a further check should be done every year and the tenant should receive a copy of every certificate. It is crucial that Landlords retains copies of the certificates so that these can be annexed to the claim to the Court, or the claim can be dismissed. If the tenancy commenced after 2015, the applicable How to Rent checklist should be served on the tenant prior to the start of the tenancy. However, the case of Trecarrell House Limited v Patricia Rouncefield (2020) confirms that failure to serve the EPC or the gas safety certificate does not prevent the service of the notice if the documents are served on the tenant before, or at the same time as, the service of the Section 21 Notice.

Landlords also need to be cautious about when they serve the notice, for example, if the notice is posted 2 months prior to the vacation date contained within the notice then it will be rendered invalid. Part 6.26 of the Civil Procedure Rules governs the deemed date of service depending on the method of service. The 2 months that a Section 21 Notice needs to give needs to be 2 months plus the amount of days it takes for the method of service to have effect.

The Deposit

According to the Tenant Fees Act (2019), the Deposit is only allowed to be the equivalent of 5 weeks’ worth of rent or less or if the rent for the year is less than £50,000.00, or 6 weeks’ worth of rent if the rent for the year is £50,000.00 or more. Prior to the service of the notice, if the Landlord notices that the deposit was taken for an amount over the maximum amount allowed, the Landlord can refund the overspend and ensure the remainder of the deposit is still protected and then can still rely on a Section 21 Notice. The deposit needs to be protected under the tenancy deposit protection scheme if the tenancy started after 6 April (2007) and the Prescribed Information relating to this needs to be served on the tenant prior to the service of the notice also.

Revenge Notice/ Retaliatory Eviction

If a tenant complains to the council about the state of the property and the council serves an improvement notice or an emergency works notice on the Landlord, the Section 21 Notice cannot be served for up to 6 months after the date of either of those documents. If the council gives a hazard awareness notice, this does not affect when a Section 21 Notice can be served.

The Process

Firstly, the Landlord will check that their obligations have been complied with and if so, will serve a Section 21 Notice which will give at least 2 months’ notice. If the tenant chooses to remain in the property after the date they were asked to leave, the claim will be made to the Court which annexes all the documents that the Landlord is required to serve on the tenant prior to the service of the notice. Provided there are no issues with the paperwork and no missing documents, the claim can be dealt with “on paper” meaning that there is no hearing. The Order for Possession should then be awarded, providing the tenant a further date to leave by and ordering the Landlords costs to be paid. If the tenant still doesn’t leave when ordered, the Bailiff can be instructed to attend the property and remove the tenant.

The Renters’ Rights Bill

The Renters’ Rights Bill was introduced to Parliament in September 2024 and has not yet been approved but will have effect at some point soon. The Bill proposes to abolish Section 21 Notices and have all tenancies as periodic which is meant to give more protection to tenants by allowing them to question their Landlord without the fear of eviction. New grounds will need to be embedded into the Section 8 of the Housing Act (1988) to ensure that tenants are given more security but Landlords can still recover their property on reasonable grounds. The Bill also proposes to provide stronger protection against backdoor evictions by allowing tenants to appeal rents which are unreasonably increased or are higher than the market rate simply to push a tenant out. It is proposed that there will be a new Private Rented Sector Landlord Ombudsman that will deal with tenants complaints about their Landlord. There will be a new Private Rented Sector Database which is supposed to help Landlords understand the obligations imposed on them and demonstrate compliance and help tenants make informed decisions about whether to enter a tenancy. Landlords will need to be a member of this to rely on certain grounds. There are other changes contained in the Bill which don’t specifically relate to Section 21 Notices and focuses more on tenants’ rights.

Fixed term assured tenancies will no longer exist which will give tenants the right to end a tenancy after giving 2 months’ notice. This means that tenants won’t be forced to stay in a sub-standard property and won’t have to remain in a tenancy if circumstances change.
The Bill does not only favour tenants and so will expand the grounds for possession that can be relied upon under a Section 8 Notice, meaning that Landlords can still recover their property when it is reasonable to do so. The grounds will be expanded so that a Landlord can recover their property if their circumstances change also, which will include having to sell the property or move into it themselves.

The Bill will result in the first 12 months of the tenancy being protected, meaning that a Section 8 Notice (which will need to be used in place of the Section 21 Notice), cannot be served in this time period if the grounds relied on are for the Landlord to move in or sell the Property. When using these grounds, the Landlord will also have to give 4 months’ notice.

The current stance

The Renters’ Rights Bill has not yet been approved by Parliament and so Section 21 Notices can still be used to evict a tenant. Ensuring that the Section 21 Notice has been validly served and that the paperwork to the Court is correct is vital when time is of the essence. An unfavourable ruling from the Court can set the eviction back by months which can cause hardship for a Landlord. It is important to gain legal advice in relation to the necessary steps, having a Solicitor prepare the paperwork on your behalf can take some of the stress out of the Litigation process and help you regain possession of your property faster.

Please contact Litigation@franklins-sols.co.uk to request a quote for the process, or if you have any questions.

This article is correct at the time of writing, that being 27 February 2025.

Understanding Debt Recovery and How We Can Help

A debt can arise in various situations, most commonly when a debtor is issued an invoice for goods supplied or services rendered but fails to pay within the agreed terms. It is not unusual for debtors to stop responding once a debt is due, making legal assistance necessary.

After receiving your debt recovery enquiry, our team will review the relevant documents to confirm the debt amount, calculate any applicable interest and determine whether the Late Payment of Commercial Debts (Interest) Act 1998 applies.

Initial Steps: Letter of Claim

We will send a formal Letter of Claim to the debtor, confirming the amount owed and providing our bank details to allow a final opportunity to pay. This letter must comply with specific legal requirements—failure to send a correctly formatted letter may leave you liable for your own legal costs and potentially those of the debtor.

Small Claims vs. Higher Value Claims

If the debt is under £10,000, the claim will be handled under the Small Claims Track. Legal costs are generally not recoverable from the defendant on this track, so hiring legal representation may not always be cost-effective.

For debts exceeding £10,000, claims will be allocated to either the Intermediate, Fast Track, or Multi-Track, each with different rules regarding recoverable legal costs. It is vital to file documents within the court’s strict deadlines and formats to avoid adverse cost orders, so obtaining legal advice is highly recommended.

After Making a Claim

Once the claim is served, the defendant has 14 days to file an Acknowledgment of Service or a Defence. If no response is received, we can apply for a default judgment—an order requiring the debtor to pay the claimed sum.

If the defendant responds, they may admit the claim but request time to pay, admit part of the claim, or fully defend it. In defended cases, the court will issue directions outlining the next steps, which can include complex paperwork and potentially a trial, often scheduled within one to two years.

Enforcement Options and Insolvency Proceedings

For commercial debtors, if the debt exceeds £750, we can apply to wind up the company, which often encourages payment. If the debtor is an individual and the debt exceeds £5,000, a bankruptcy petition can be made, allowing the debtor’s assets to be sold to repay creditors.

Once a court order is obtained, we will advise on the most appropriate enforcement methods tailored to the debtor’s situation.

For further advice and assistance, please contact our Litigation and Dispute Resolution team on 01604 344562 / 01908 916096 or email info@franklins-sols.co.uk.

What is a Section 8 Notice?

A Section 8 Notice is a Notice that a Landlord serves on a tenant which states that possession of the property, which is the subject of the Assured Shorthold Tenancy Agreement, is needed back by a certain date. The difference between a Section 21 Notice and Section 8 Notice is that a Section 8 Notice requires that possession is required due to a breach of one of the grounds for possession. The Notice will require that possession be given within either 2 weeks or 2 months, depending on which ground is breached.

There are 17 grounds that a Landlord can rely on, the first 8 of which are “mandatory grounds” which the court must grant possession to the Landlord for and the remaining 11 grounds are “discretionary” grounds where the court can grant possession if they deem it is reasonable to do so.

Grounds for Possession

• Ground 1 – If the Landlord used the property as their main residence prior to the tenancy beginning, the Landlord can state that they require to use the property as their main residence again. The notice period is 2 months after the end of term.
• Ground 2 – Where the mortgage lender requires possession of the property and has served notice to foreclose, this can be only be used if the mortgage predates the date of the tenancy agreement. The notice period is 2 months and the term can be ended during the same if the tenancy agreement allows.
• Ground 3 – The property was previously used as a holiday letting and is required to become one again. The notice period is 2 weeks after the end of term.
• Ground 4 – The Landlord is an education institution and is required for students of that educational institution, however notice must have to have been served prior to the tenancy beginning. The notice period is 2 weeks after the end of term.
• Ground 5 – The Landlord is a religious organisation and the property is required for a member of their church. The notice period is 2 months after the end of term.
• Ground 6 – The Landlord wants to demolish and reconstruct, or redevelop all or part of the property. The tenant is required to have lived in the property whilst work was happening. If granted, the Landlord needs to pay the reasonable moving costs of the tenant’s move. The notice period is 2 months after the end of term.
• Ground 7 – The current tenant is a tenant heir and not named on the tenancy agreement. The Landlord needs to have served the Notice within 12 months of the death of the named tenant. The notice period is 2 months and the term can be ended during the term if the tenancy agreement allows.
• Ground 7A – The tenant can be removed for antisocial behaviour. The notice period is 1 month if it is a fixed term or 4 weeks if periodic. It can be ended within the term if the tenancy agreement allows.
• Ground 7B – The tenant can be evicted if they do not have a right to rent. The notice period is 2 weeks and can be served within the term.
• Ground 8 – The most common ground. The tenant needs to be in 2 months of rent arrears at the time of service of the Notice and still needs to be in 2 or more months of rent arrears at the time of the hearing. If the tenant pays enough to the Landlord (or raises problem with the deposit so that the Landlord owes them money) so that the rent arrears fall below 2 months at the time of the hearing, this ground will fail. The notice period is 2 weeks and the term can be ended within the term if the tenancy agreement allows.
• Ground 9 – Alternative suitable and quality accommodation has been offered to the tenant and refused. If granted, the Landlord must pay the reasonable moving costs of the tenant. The notice period is 2 months after the term has ended.
• Ground 10 – The rent is in arrears but by no more than 8 weeks in the case of weekly payments, 2 months in the case of monthly payments and 1 quarter in the case of quarterly payments. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 11 – The tenant is late with rent on multiple occasions or only pays when prompted by the Landlord. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 12 – The tenant has breached any of the terms of the tenancy agreement. The notice period is 2 weeks and can be ended within the term if the tenancy agreement allows.
• Ground 13 – The tenant has damaged or neglected a part of or all of the property, or has sub-let to another tenant who has done so. The notice period is 2 weeks and the term can be ended within the term if the tenancy agreement allows.
• Ground 14 – The tenant creates a nuisance or annoyance to neighbours or other tenants and has received complaints in this respect or is using the property illegally or immorally. There is no notice period, proceedings can start instantly.
• Ground 14A – If the tenant is found to be being domestically violent. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 14ZA – If the tenant is evicted of an offence during a riot. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 15 – The furniture listed on the inventory has been damaged in some way or sold by the tenant. The notice period is 2 weeks and can be served within the term if the tenancy agreement allows.
• Ground 16 – The property was let to the tenant under their employment which has now come to an end. The notice period is 2 months and can be served after the end of term.
• Ground 17 – The property was let to the tenant based on false information given by the tenant or their guarantor. The notice period is 2 weeks and can be ended within the term if the tenancy agreement allows.

The process

Once a Landlord has discovered that they can rely on one of the above grounds, a Section 8 Notice should be served on the tenant stating which ground is being relied upon and stating the termination date which the tenant should vacate by. It is important that the Notice is properly served or the same could be found to be invalid if the matter proceeds to court which will cause significant delay with the eviction.

Once the termination date in the Notice expires, if the tenant does not vacate then the Landlord is permitted to apply to the Court for an Order for Possession. The Court will consider the papers and set a hearing. Provided the Notice is valid and the claim form to the court has been properly completed, possession should be granted. If the tenant chooses to remain despite the Order for Possession ordering them to leave by a certain date, the Landlord can instruct a Bailiff to attend the property and remove the tenant.

The forms required by the Court contain plenty of room for error when completing and so it is vital to ensure that all information is accurately documented so that the hearing can go smoothly and possession can be promptly granted.

For legal advice on issues regarding landlord and tenant disputes, please get in touch with our Litigation team on 01604 828282 or email litigation@franklins-sols.co.uk.

Alternative Dispute Resolution (ADR) is a fundamental aspect of the Civil Procedure Rules (CPR), which govern the process of civil litigation.

What Is Alternative Dispute Resolution?

ADR refers to various methods of resolving disputes without the need for a full court trial. These methods include:

• Mediation
• Arbitration
• Part 36 offers
• Early neutral evaluation
• Without prejudice offers
• Ombudsman schemes

The Overriding Objective – CPR 1.1

CPR 1.1 outlines the overriding objective: cases should be dealt with fairly and at a proportionate cost—especially in relation to the sum in dispute.

Using ADR early in proceedings can save time, cost and reduce the burden of litigation. Even when a case reaches trial, there are no guaranteed outcomes. Litigation involves stages such as disclosure, witness statements, cost budgeting, expert instruction and trial preparation. These processes require ongoing payments and, even with a costs award, not all expenses are recoverable.

Costs Consequences of Refusing ADR

While the general rule is that the successful party recovers their costs, the court can depart from this if a party has unreasonably refused to engage in ADR. Even a winning party may face adverse costs consequences for such a refusal.

Mediation, a common ADR method, involves a neutral third party facilitating confidential negotiations between the parties. It has a high success rate and often results in settlement without the need for a trial.

The case of Halsey v Milton Keynes General NHS Trust (2004) established that costs consequences can apply when a party unreasonably refuses to mediate, particularly if the court believes the matter could have been reasonably resolved.

The Court’s Approach to ADR

Courts strongly encourage ADR and disapprove of parties who insist on proceeding to trial unnecessarily. Refusal to engage in ADR can lead to:

• Adverse costs orders—even if the refusing party wins
• Costs being awarded on an indemnity basis
• Orders requiring the refusing party to explain their refusal in a witness statement

Courts often issue a “stay” of proceedings to allow time for ADR, especially when it might resolve the matter without further strain on judicial resources.

Why ADR Matters More Than Ever

Court delays and trial adjournments are common due to high demand and limited capacity. ADR provides a route to quicker resolution and reduces pressure on the courts.

Amendment No.3 to the Civil Procedure Rules, coming into force on 1 October 2024, will strengthen the emphasis on ADR to encourage earlier settlements and alleviate pressure on the judicial system.

For further advice and assistance, please contact our Litigation and Dispute Resolution team on 01604 344562 / 01908 916096 or email info@franklins-sols.co.uk.