Facing eviction can be a stressful and overwhelming experience, especially when your landlord serves you with a Section 21 no-fault eviction notice. However, in some cases, tenants successfully challenge these evictions, leading to the court dismissing the landlord’s claim. If the court threw out my landlord’s Section 21, what does this mean for you as a tenant? And how can tenant eviction specialists help protect your rights?

In this comprehensive guide, we’ll explore:

  • What a Section 21 notice is and why landlords use it

  • Common reasons why courts reject Section 21 evictions

  • What happens if the court threw out my landlord’s Section 21

  • How tenant eviction specialists can assist in fighting unfair evictions

  • Your rights as a tenant and alternative options if facing eviction

Understanding Section 21 No-Fault Evictions

A Section 21 notice, often called a “no-fault eviction,” allows landlords in England and Wales to evict tenants without providing a reason, as long as they follow the correct legal process. Unlike a Section 8 notice, which requires proving tenant wrongdoing (such as rent arrears or property damage), a Section 21 eviction does not require justification.

However, landlords must meet strict legal requirements when issuing a Section 21 notice, including:

  • Providing at least two months’ notice

  • Using Form 6A (the correct legal notice)

  • Protecting the tenant’s deposit in a government-approved scheme

  • Providing the tenant with key documents (Gas Safety Certificate, Energy Performance Certificate, and the government’s How to Rent Guide)

  • Ensuring the property has the required licenses (if applicable)

If a landlord fails to comply with these rules, the court can throw out the Section 21 eviction.

Why Did the Court Throw Out My Landlord’s Section 21?

If the court threw out my landlord’s Section 21, it’s likely because the landlord made a procedural error. Common reasons include:

1. Incorrect or Invalid Notice

  • The landlord used the wrong form or did not use Form 6A.

  • The notice period was shorter than two months.

  • The notice was not served correctly (e.g., not in writing or sent to the wrong address).

2. Failure to Protect the Tenant’s Deposit

  • Landlords must place deposits in a government-approved tenancy deposit scheme (TDP) within 30 days.

  • If they fail to do so, the Section 21 notice is invalid.

3. Missing Required Documents

  • Landlords must provide tenants with:

    • A Gas Safety Certificate (if the property has gas)

    • An Energy Performance Certificate (EPC)

    • The latest version of the How to Rent Guide

  • If any of these are missing, the Section 21 notice can be dismissed.

4. Retaliatory Eviction

  • If a tenant complains about poor property conditions and the landlord responds with a Section 21 notice, the court may block the eviction as retaliatory.

5. Expired Notice

  • A Section 21 notice is only valid for six months. If the landlord does not file a court claim within this time, they must issue a new notice.

What Happens If the Court Dismisses the Section 21?

If the court threw out my landlord’s Section 21, the eviction cannot proceed unless the landlord fixes the errors and issues a new valid notice. This gives tenants more time to:

  • Negotiate with the landlord

  • Seek legal advice from tenant eviction specialists

  • Find alternative housing if necessary

However, landlords can still:

  • Correct mistakes and reissue a Section 21 notice

  • Use a Section 8 notice if there are valid grounds (e.g., rent arrears)

How Tenant Eviction Specialists Can Help

Fighting a Section 21 eviction can be complex, but tenant eviction specialists (housing solicitors or tenant rights organizations) can provide crucial support by:

1. Reviewing the Section 21 Notice for Errors

  • Checking if the notice is legally valid

  • Identifying missing documents or procedural mistakes

2. Representing You in Court

  • Defending against unfair evictions

  • Presenting evidence that the landlord failed to comply with legal requirements

3. Negotiating with the Landlord

  • Helping mediate disputes

  • Potentially delaying eviction while you find new accommodation

4. Advising on Tenant Rights

  • Explaining your legal protections

  • Helping you claim compensation if the landlord acted unlawfully

What Should You Do If Facing a Section 21 Eviction?

If you receive a Section 21 notice, take these steps:

  1. Check the Validity – Ensure the notice is correct (Form 6A, two months’ notice, etc.).

  2. Verify Your Deposit Protection – Confirm your deposit is in a TDP scheme.

  3. Gather Evidence – Collect copies of your tenancy agreement, deposit proof, and any landlord communications.

  4. Seek Legal Advice – Contact tenant eviction specialists or housing charities like Shelter or Citizens Advice.

  5. Respond to Court Papers – If the landlord applies for a possession order, do not ignore it—seek help immediately.

Conclusion: Know Your Rights and Fight Unfair Evictions

If the court threw out my landlord’s Section 21, it proves that tenants have legal protections against improper evictions. Landlords must follow strict procedures, and mistakes can invalidate their claims.

If you’re facing a Section 21 no fault eviction, don’t panic—consult tenant eviction specialists to assess your case. With the right support, you may delay or even stop an unfair eviction, giving you more time to secure your housing future.

WhatsApp-Image-2025-03-22-at-10.39.59-PM-1.jpeg