I have an existing Section 21 notice served correctly on my tenant, which expires next month. Given the parliamentary debate, is there any risk that judges will start refusing Section 21 possession orders in court before the Renters (Reform) Bill is actually enacted?

Quick Answer

Judges are bound by current law and will uphold correctly served Section 21 notices. The abolition of Section 21 under the Renters (Reform) Bill is not yet law and is expected in 2025.

## Understanding Section 21 Notices Before Proposed Changes Judges in the UK legal system must apply the law as it stands, meaning they are highly unlikely to refuse a correctly issued Section 21 possession order before the Renters (Reform) Bill is actually enacted into law. The parliamentary debate and proposed abolition of Section 21, currently expected in 2025, do not alter a judge's duty to rule based on the Housing Act 1988 (as amended) and Housing Act 1996 which underpin Section 21. A properly served notice that meets all legal prerequisites, such as EPC, Gas Safety Certificate, How to Rent Guide, and deposit protection, will generally be upheld. ### Does Section 21 still apply to all Assured Shorthold Tenancies? Yes, Section 21 of the Housing Act 1988, as amended, still applies to most Assured Shorthold Tenancies (ASTs) in England and Wales. This means that a landlord can still serve a Section 21 'no-fault' eviction notice to regain possession of their property, provided all legal requirements have been met. The notice period for a Section 21 notice is currently two months. Investors often use it for portfolio management, for instance, when they wish to sell a property (taxed at 18% or 24% for CGT) or move into it themselves. ### What are the risks of a judge refusing a Section 21 before Section 21 is abolished? The risk of a judge refusing a Section 21 possession order based on anticipated legislation is negligible. Judges operate under the principle of *stare decisis*, meaning they adhere to established law and precedent. Until the Renters (Reform) Bill passes through both Houses of Parliament, receives Royal Assent, and officially commences, Section 21 remains a valid legal mechanism. Landlords should ensure that their Section 21 notice is correctly formatted, that all prescribed information has been provided to the tenant, and that the deposit is protected in an approved scheme, such as the Tenancy Deposit Scheme. Any error in these procedural steps provides grounds for a judge to refuse the order, irrespective of the Renters Bill. ## Potential Costs and Delays with Section 21 Landlords should be aware of the costs and delays associated with the Section 21 process, even when correctly served. The current average time from serving a Section 21 notice to actual possession if court action is required can range from 4 to 8 months, or even longer depending on court backlogs. This means lost rental income, which for a property generating £900/month, could amount to £3,600 to £7,200 during this period. Additionally, legal and court fees for an accelerated possession claim can run into hundreds of pounds. ### How could procedural errors affect the outcome? Judges will only refuse a Section 21 notice if there are procedural errors or non-compliance with existing regulations, not because of impending legislation. Common reasons for refusal include failing to protect the tenant's deposit within 30 days of receipt, not providing prescribed information about the deposit scheme, or failure to issue a valid Gas Safety Certificate, EPC, or How to Rent Guide at the start of the tenancy. Each of these non-compliances offers a tenant a defence against the Section 21 notice, potentially delaying possession or leading to its dismissal. ## Investor Rule of Thumb Always adhere strictly to current legal requirements for Section 21 notices; judicial decisions are based on existing statutes, not future parliamentary intentions. ## What This Means For You Landlords must ensure meticulous compliance with all Section 21 requirements. Most landlords don't lose possession cases because of controversial legal changes, but because of administrative errors. If you want to understand the exact procedural requirements and how to mitigate risks for your specific property, this is exactly what we analyse inside Property Legacy Education.

Steven's Take

The parliamentary process for abolishing Section 21 is detailed and can be slow. While the Renters (Reform) Bill aims to remove it, Section 21 remains fully active and legally permissible until the Bill passes through all parliamentary stages and receives Royal Assent. Expecting judges to pre-empt this legislative change is unrealistic. Focus on ensuring your notices are technically flawless under current law, as any procedural misstep is a genuine risk, far more so than judicial activism.

What You Can Do Next

  1. Verify your Section 21 compliance: Check that you have provided all mandatory documents (EPC, Gas Safety Certificate, How to Rent Guide) and that your tenant's deposit was protected correctly within the legal timeframe. Consult gov.uk/tenancy-deposit-protection-schemes for details.
  2. Review your Section 21 paperwork: Ensure your Section 21 notice is accurately completed, dated, and served using the correct form (Form 6A). Refer to gov.uk/guidance/assured-shorthold-tenancy-notices-and-forms for official templates.
  3. Seek professional legal advice early: If you anticipate a dispute or have doubts about the validity of your notice, consult a reputable landlord and tenant solicitor. Search for 'landlord solicitor' on the Law Society's website at lawsociety.org.uk.

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