When a landlord serves a Section 21 notice, it is typically the first step in regaining possession of their property. However, tenants sometimes refuse to leave, leading to a complex legal process. In this article, we’ll explore whether a tenant can legally refuse to leave after receiving a Section 21 eviction notice, the steps landlords can take, and how eviction specialists can assist in such cases.
Understanding the Section 21 Notice
A Section 21 notice, also known as a "no-fault eviction," allows landlords in England and Wales to evict tenants without providing a reason, provided they follow the correct legal procedures. Key conditions for a valid Section 21 notice include:
The tenancy is an Assured Shorthold Tenancy (AST).
The fixed term has ended (if applicable).
The landlord has given at least two months’ notice.
The tenant’s deposit is protected in a government-approved scheme.
The property has a valid Energy Performance Certificate (EPC) and Gas Safety Certificate.
If these requirements are not met, the Section 21 notice may be invalid, giving the tenant grounds to challenge it.
Can a Tenant Refuse to Leave After a Section 21 Notice?
Yes, a tenant can refuse to leave after a Section 21 notice expires. The notice itself does not force the tenant to vacate—it is merely a formal request. If the tenant remains in the property beyond the notice period, the landlord must take further legal action.
Reasons a Tenant Might Refuse to Leave
Belief That the Notice Is Invalid
If the landlord failed to comply with legal requirements (e.g., unprotected deposit, incorrect notice period), the tenant may dispute the eviction.
Difficulty Finding Alternative Housing
Tenants facing financial hardship or a lack of available rentals may delay leaving.
Awaiting a Court Order
Some tenants know that landlords cannot forcibly remove them without a possession order from the court.
Retaliatory Eviction Claims
If the tenant recently reported disrepair issues, they might argue the Section 21 notice is retaliatory.
What Happens If the Tenant Doesn’t Leave?
If the tenant refuses to leave after the Section 21 notice expires, the landlord must follow these steps:
1. Apply for a Possession Order
The landlord must file a claim with the county court using Form N5B.
If the Section 21 notice is valid, the court will issue a possession order, giving the tenant a final deadline to leave (usually 14 days).
2. Apply for a Warrant for Possession
If the tenant still refuses to leave, the landlord can request a warrant for possession, allowing bailiffs to evict the tenant.
3. Instruct Eviction Specialists
Eviction specialists can help landlords navigate the legal process, ensuring all paperwork is correct and speeding up the eviction.
How Long Does the Process Take?
The timeline for evicting a tenant under Section 21 can vary:
Notice Period: Minimum 2 months.
Court Processing: 6-12 weeks (longer if the tenant disputes the claim).
Bailiff Scheduling: 4-8 weeks after obtaining a possession order.
In total, it can take 3-6 months or more to legally remove a tenant.
Can a Landlord Force a Tenant Out Without a Court Order?
No. A landlord cannot forcibly remove a tenant, change the locks, or cut off utilities without a court order—this is an illegal eviction and a criminal offence under the Protection from Eviction Act 1977.
How Eviction Specialists Can Help
Eviction specialists are legal professionals who assist landlords in:
Ensuring the Section 21 notice is correctly served.
Handling court paperwork to avoid delays.
Liaising with bailiffs for a smooth eviction.
Advising on alternative solutions (e.g., cash-for-keys agreements).
Their expertise can significantly speed up the process and reduce stress for landlords.
Alternatives to Section 21 Evictions
If a tenant refuses to leave, landlords may consider:
Negotiating a Surrender Agreement – Offering financial incentives for the tenant to leave voluntarily.
Using a Section 8 Notice – If the tenant has breached the tenancy (e.g., rent arrears), this may be a faster route.
Conclusion
While a tenant can refuse to leave after a Section 21 notice, landlords must follow the legal eviction process. Attempting to remove a tenant unlawfully can result in severe penalties. By working with eviction specialists, landlords can ensure compliance with the law and regain possession of their property as quickly as possible.
If you’re a landlord facing difficulties with a tenant who won’t leave after a eviction notice section 21, seeking professional legal advice is the best course of action.