Section 21 Notices

Are you homeless or at risk of homelessness as a result of a Section 21 Notice?

Serving a Section 21 / Form 6a Notice is the most common way for a private landlord to begin possession of their property. Your landlord doesn't need a reason to end your tenancy through a Section 21/Form 6a Notice.

 

Your landlord must ensure that they follow the correct procedures to evict you through a Section 21/Form 6a Notice, including:

  • Giving you at least 2 months notice (see note below regarding amendments due to COVID-19)

  • Serving notice on the prescribed form ( Form 6a, Section 21 Housing Act 1988)

  • Serving notice after the first 4 months of the tenancy

  • Ensuring they have provided you with prescribed legal requirments & documents (energy performance certificate, gas safety certificate, 'How to Rent' guide, and details of how your deposit has been protected)

 

If your landlord has served you with a Section 21 Notice, you should make contact with the Housing Options Team as soon as possible to consider your future housing options.

 

The Housing Options Team may be able to help you to prevent your homelessness in various ways, including:

 

  • Negotiating with your landlord to keep you in your current property

  • Seeking alternative privately rented properties

  • Referring you to debt and budget support to maximise your income

  • Checking whether you're claiming all of the benefits you are entitled to

  • Advising you about social housing


Extension of emergency measures requiring landlords to extend notice periods

On 29 August 2020 the Government brought into force regulations requiring landlords to give tenants six months' notice of their intention to seek possession, except in the most serious cases. These regulations will only apply in England. 

Measures in Schedule 29 to the Coronavirus Act were introduced in March 2020 to provide tenants with additional protections from being evicted at a time when their income streams may have been vulnerable. At that time three months was deemed to be an appropriate length of time for notice periods and the measures were introduced for what was considered a reasonable amount of time.

Forecasts suggest that COVID infection rates will likely increase during Winter.  The Government have reviewed the measures in Schedule 29 and has extended the period in which these measures are in force until 31 March 2021 and to extend notice periods to six months in most circumstances.

While a six month notice does not deem an applicant as threatened with homelessness under the legislation, Homelessness Reduction Act 2017, the Housing Options Team would encourage any customer in receipt of a notice to contact us by email at homechoice@daventrydc.gov.uk or phone 01327 871100).

This will provide the Housing Options Team with an opportunity to provide specialist advice and provide both the tenant and the Housing Options Team with the benefit of more time to find solutions or seek new accommodation. 

The new regulations therefore modify the length of notice required for some cases in the following ways:

 For secure tenancies:

  • Notice periods for grounds that relate to anti-social behaviour (including the grounds for nuisance/illegal or immoral use of the property), domestic abuse, riot, and fraud will return to their original notice periods, before the Coronavirus Act 2020 was introduced. This change reflects that these cases place untenable strain on other tenants, local communities and landlords, and that it is no longer proportionate to allow them to continue without resolution.

  • Notice periods for rent arrears will be amended so that if at least six months of rent is unpaid, then landlords will be able to provide four weeks’ notice. Where arrears owed are under six months, landlords will be required to provide six months’ notice.

  • Notice periods for Introductory Tenancies for cases relating to anti-social behaviour (including rioting) and domestic abuse will be four weeks. This is broadly in line with the proposed notice periods for cases relating to anti-social behaviour and domestic abuse. Otherwise, notice periods for Introductory Tenancies will be 6 months in line with most other grounds. This reflects that social landlords have identified anti-social behaviour as a key issue.

  • Notice periods for Demoted Tenancies for cases relating to anti-social behaviour (including rioting) and domestic abuse will be four weeks. This reflects the minimum notice period for possession proceedings for Demoted Tenancies under section 143E and is broadly in line with the proposed notice periods for cases relating to anti-social behaviour and domestic abuse. Otherwise, notice periods for Demoted Tenancies will be 6 months in line with most other grounds. Demoted Tenancies are used where secure tenants have caused a nuisance through anti-social behaviour. This reflects that social landlords have identified anti-social behaviour as a key issue. 
       

If you have received a Section 21/Form 6A Notice from your landlord, please contact us as soon as possible.

Daventry District Council, Lodge Road, Daventry, NN11 4FP

Mon-Thurs 9-5, Fri 9-4:30 

Are you a professional looking to refer a service user?

If you are a professional working with a person who has been served notice by their landlord, you are able to refer them to us by using the Duty to Refer.