When a property changes ownership, tenants often worry about their security. A common question is: Can a new landlord issue a Section 21 notice immediately after taking over a property? The answer depends on several legal factors, including the type of tenancy, the terms of the existing agreement, and compliance with legal requirements.
This article explores the rules surrounding Section 21, Section 8, and Section 13 notice, as well as when an eviction specialist UK may be necessary.
Understanding Section 21 Notices
A s21 notice (under the Housing Act 1988) is a "no-fault" eviction notice that allows landlords to regain possession of their property without providing a reason, provided they follow the correct legal process.
Can a New Landlord Issue a Section 21 Immediately?
Existing Tenancy Agreement Terms
If the tenant has an Assured Shorthold Tenancy (AST), the new landlord inherits the existing agreement.
The new landlord cannot issue a Section 21 immediately if:
The fixed term hasn’t ended.
The tenancy hasn’t become periodic.
The previous landlord didn’t comply with legal requirements (e.g., protecting the deposit, providing an EPC, gas safety certificate, and the "How to Rent" guide).
Legal Requirements Before Issuing Section 21
The deposit must be protected in a government-approved scheme.
The tenant must have received:
A valid Energy Performance Certificate (EPC).
A current Gas Safety Certificate (if applicable).
The government’s "How to Rent" guide.
If the previous landlord failed to meet these obligations, the new landlord must rectify them before serving a Section 21.
Timing Restrictions
A Section 21 cannot be issued in the first 4 months of the original tenancy.
If the tenancy is periodic, the notice period must be at least 2 months.
When Can a New Landlord Issue Section 21?
After the fixed term ends (if it was an initial 6 or 12-month AST).
Once all legal requirements are met (deposit protection, correct documents served).
With at least 2 months' notice (or longer if the contract requires it).
Section 8 Notices: Eviction for Specific Reasons
Unlike Section 21, a section 8 grounds is used when a tenant has breached the tenancy agreement (e.g., rent arrears, anti-social behaviour).
Can a New Landlord Issue a Section 8 Immediately?
Yes, if the tenant has violated the tenancy terms (e.g., unpaid rent, property damage).
The notice period depends on the grounds for eviction:
Mandatory grounds (e.g., serious rent arrears) – usually 2 weeks to 2 months.
Discretionary grounds (e.g., persistent late rent) – court decides if eviction is justified.
A new landlord can use Section 8 from day one if valid grounds exist.
Section 13 Notice: Rent Increases
A Section 13 notice is used to increase rent in a periodic tenancy.
Can a New Landlord Increase Rent Immediately?
No, unless the tenancy agreement allows for mid-term increases.
For periodic tenancies, the landlord must give at least 1 month’s notice (if rent is paid monthly).
The increase must be fair and in line with local market rates.
When to Consult an Eviction Specialist UK
Evictions can be complex, especially if:
The tenant disputes the notice.
The landlord hasn’t followed correct procedures.
There are delays in court processing.
An eviction specialist UK can help by:
Ensuring notices are legally valid.
Handling court paperwork.
Representing the landlord in hearings.
Key Takeaways
| Notice Type | Purpose | Can New Landlord Use It Immediately? |
|---|---|---|
| Section 21 | No-fault eviction | Only after fixed term & legal compliance |
| Section 8 | Eviction for tenant breaches | Yes, if valid grounds exist |
| Section 13 | Rent increase | Only after proper notice |
Final Advice for New Landlords
Check the existing tenancy agreement before taking any action.
Ensure all legal requirements (deposit, certificates, notices) are met before issuing a Section 21.
Consider negotiation before eviction – offering a mutual agreement may be faster.
Consult an eviction specialist UK if unsure about the process.
Conclusion
A new landlord cannot issue a Section 21 notice immediately unless the tenancy is periodic and all legal requirements are met. Section 8 can be used right away if the tenant has breached the agreement, while Section 13 requires proper notice for rent increases.
For a smooth eviction process, landlords should follow the law carefully or seek help from an eviction specialist uk to avoid costly mistakes.
