Can a Landlord Issue a Section 21 in the First 4 Months?

When renting a property in the UK, both landlords and tenants must follow strict legal procedures when it comes to eviction. One of the most common questions tenants ask is: Can a landlord issue a Section 21 eviction notice in the first 4 months of a tenancy? Additionally, what are the differences between a Section 21 notice, a Section 8 notice, and a Section 13 notice?

This article explores the rules surrounding eviction notices, the grounds for eviction, and the rights of both landlords and tenants.

What is a Section 21 Eviction Notice?

A Section 21 notice (also known as a "no-fault eviction") allows a landlord to regain possession of their property without providing a specific reason. However, there are strict legal requirements that must be met before a landlord can issue this notice.

Key Rules for a Section 21 Notice:

1. Cannot Be Served in the First 4 Months – Under the Housing Act 1988, a landlord cannot issue a Section 21 notice within the first 4 months of an Assured Shorthold Tenancy (AST).

2. Fixed-Term Tenancy Requirement – If the tenancy is fixed-term (e.g., 6 or 12 months), the landlord can only issue a Section 21 after the fixed term ends unless there’s a break clause.

3. Proper Documentation – The landlord must have provided the tenant with:

   • A valid Energy Performance Certificate (EPC)

   • A current Gas Safety Certificate (if applicable)

   • The government’s "How to Rent" guide

4. Deposit Protection – If a deposit was taken, it must be secured in a government-approved tenancy deposit scheme (TDP) and the tenant must have been given the prescribed information.

If these conditions are not met, the Section 21 notice may be invalid, and the tenant can challenge it in court.

Can a Landlord Evict a Tenant Within the First 4 Months?

While a Section 21 notice cannot be issued in the first 4 months, a landlord may still evict a tenant under certain circumstances using a Section 8 notice.

What is a Section 8 Notice?

A Section 8 notice is used when a tenant has breached the tenancy agreement (e.g., rent arrears, property damage, or antisocial behaviour). Unlike a Section 21, a Section 8 requires the landlord to provide a legal ground for eviction.

Common Grounds for a Section 8 Notice:

• Mandatory Grounds (where the court must grant possession):

  • Ground 8: Persistent rent arrears (at least 2 months’ unpaid rent at the time of notice and hearing).

  • Ground 7A: Tenant convicted of a serious offence in the property.

• Discretionary Grounds (where the court may grant possession):

  • Ground 10: Some rent arrears (but less than 2 months).

  • Ground 12: Breach of tenancy terms (e.g., subletting without permission).

  • Ground 14: Antisocial behaviour or nuisance.

A landlord can serve a Section 8 notice at any time, including within the first 4 months, if the tenant has violated the agreement. However, they must follow the correct legal process, and the tenant has the right to dispute the claim in court.

What is a Section 13 Notice?

A Section 13 notice is unrelated to eviction—it is used when a landlord wants to increase the rent for a periodic tenancy (a rolling month-to-month tenancy after the fixed term ends).

Key Points About Section 13 Notices:

• The landlord must give at least one month’s notice (if rent is paid monthly).

• The increase must be fair and in line with local market rates.

• Tenants can challenge the increase through a First-tier Tribunal if they believe it’s unreasonable.

Unlike Section 21 or Section 8, a Section 13 does not force a tenant to leave—it only adjusts the rent.

Tenant Rights and How to Challenge an Eviction

If a landlord tries to evict a tenant illegally, the tenant has legal protections:

1. Invalid Section 21 Notice

• If served within the first 4 months.

• If the landlord failed to provide required documents (EPC, Gas Safety Certificate, etc.).

• If the deposit was not protected correctly.

2. Challenging a Section 8 Notice

• Tenants can argue against the grounds in court (e.g., proving rent was paid or disputing allegations of antisocial behaviour).

• If the landlord’s claim is weak, the court may refuse the eviction or grant extra time.

3. Retaliatory Eviction

If a tenant complains about poor property conditions and the landlord responds with a Section 21 notice, this may be considered a "retaliatory eviction", which can be challenged.

Conclusion: Can a Landlord Issue a Section 21 in the First 4 Months?

No, a landlord cannot legally issue a Section 21 eviction notice within the first 4 months of an AST. However, they can use a Section 8 notice if the tenant has breached the agreement (e.g., rent arrears or property damage).

Tenants should always check the validity of any eviction notice and seek legal advice if unsure. Landlords must follow strict procedures—failure to do so can result in the notice being dismissed in court.

Understanding the differences between Section 21, Section 8, and Section 13 notice helps both landlords and tenants navigate the rental process fairly and legally.