Everything you need to know about Section 21 evictions

Daniel Lewis - Communications, Policy and Insights Officer

You might have heard Section 21 evictions (aka no-fault evictions) come up in debates on housing policy. Or, if you are a private renter, you might be aware of them as the easiest way that you can be removed from your home without having done anything wrong. 

But what exactly is ‘Section 21’, and why have there been so many calls for these evictions to be banned? This blog will help to explain. 

What is a Section 21 notice? 

“Section 21” refers to a part of the Housing Act 1988. One of the reasons this act was introduced was to reverse the decline of the private rented sector, which had shrunk significantly over the previous seven decades. 

The idea behind the act was to make being a landlord much more appealing, and it did this in two main ways: by allowing landlords to charge higher rents, and by making it easier to evict tenants. Section 21 was the part of the Housing Act that made it possible for renters to be evicted without being given any reason, and a Section 21 notice is what a landlord gives to their tenant to evict them in this way. 

There are some tenancies that different rules apply to, but most of the time, in England, a Section 21 eviction notice can be issued at any point after the first four months and the minimum notice period the tenant can be given is two months. 

Many people assume that the notice period is the amount of time the tenant has before they have to leave their home. In fact, a landlord cannot force their tenant to leave until they go through the court process, which eventually leads to bailiffs evicting them. Because this is not widely known, most people issued with a Section 21 notice leave before the two-month period is up because they are unaware of their rights as a tenant. 

Another thing that many tenants do not know is that Section 21 notices are often invalid. Usually, this is because the landlord has broken the rules or because they have not filled out the form properly. You can find out more about when this is the case on Citizens Advice’s website. 

Section 21’s effects 

The Housing Act 1988 was very successful in its goal of boosting the private rented sector, which has more than doubled in size since then. However, Section 21 led to tenants being much less secure in their homes than they were previously. 

One of the main reasons that Glass Door is concerned about Section 21 is its effect on homelessness.

Our caseworkers often support people who are experiencing homelessness because of being evicted via Section 21. In London, where there is very little social housing available, private rents are sky-high and the rental market is extremely competitive, it can be incredibly difficult to find a new home following an eviction. 

People can go from a relatively stable position, where they pay their rent on time every month and keep their house in good condition, to having nowhere to live, all because of a Section 21. If they are unable to find somewhere else to rent in time, they may end up experiencing “hidden homelessness”, where they stay with family or friends, or sleeping on the streets if they have nobody to turn to. Even for those who manage to find another tenancy, the process can cause a huge amount of stress, with the threat of homelessness always hanging over their heads. 

The ever-present threat of a Section 21 eviction also has indirect negative effects on the quality of housing. Lots of renters have serious issues with mould or parts of the house needing repairs, but avoid raising the problem with their landlord since they worry that if they do, they will just be evicted via Section 21. “Revenge evictions” are technically illegal, but the ease of landlords evicting someone without giving a reason makes people understandably hesitant to speak up. 

Should Section 21 be banned? 

The Labour, Conservative, Liberal Democrat and Green parties all promised to abolish Section 21 evictions in their 2019 and 2024 manifestoes. Despite this cross-party agreement, at the time of writing Section 21 has still not been banned. 

There are three main arguments against banning Section 21: that it would not fix the issue of unaffordable housing, that it would scare away landlords in the private rented sector, and that it would just lead to a significant increase in other kinds of evictions which would clog up the courts, meaning that no ban should take place until the court system has been reformed. 

It is true that a ban on Section 21 would not solve the housing crisis alone. We also need bold policies to expand the supply of social housing and bring down rents. But this does not mean that Section 21 should not be banned. A ban could help improve things straight away, giving renters much-needed security and helping to slow down the rate of people being pushed into homelessness. 

The concern that improving renters’ rights would actually hurt renters by scaring away landlords is not supported by much evidence. As analysis from the cross-party Social Market Foundation shows, relevant international comparisons do not indicate that an end to Section 21 is at all likely to cause an exodus of landlords from the sector. 

The clogging up of the courts is a serious issue but should not be used as a reason to delay private rented sector reform (and especially not indefinitely). Renters are already in a difficult position and without serious action things will only continue to get worse.

Rodrigo, one of Glass Door’s caseworkers, had the following to say: 

Talking to the people that come to me for support, I see the devastating impact that Section 21 evictions can have. These evictions are one of the leading reasons that people are pushed into homelessness, and they need to be abolished as soon as possible.

To stem the tide of people slipping from the private rented sector into homelessness, we urge the government to ban Section 21 as soon as possible, without any delays, loopholes or watering down.