Section 13 Notice vs. Section 21 Notice: Key Differences

Section 13 Notice vs. Section 21 Notice: Key Differences

Section 13 Notice vs. Section 21 Notice

Understanding the legal framework surrounding rental agreements in England is essential for both landlords and tenants. Two of the most commonly referenced notices in the private rental sector are the Section 13 notice and the section 21 eviction notice. These legal tools serve different purposes and are governed by distinct rules and processes. Whether you’re a landlord considering a rent increase or contemplating eviction proceedings, or a tenant trying to understand your rights, it’s crucial to grasp the differences between these two notices.

 

In this article, we’ll break down the key differences between a Section 13 and a Section 21 notice, explore when and how each can be used, and offer helpful tips from tenant eviction specialists and eviction specialists in the UK.

What Is a Section 13 Notice?

A section 13 notice is used by landlords to increase the rent of a property during a periodic tenancy (usually on a month-by-month basis). Governed under the Housing Act 1988, Section 13 provides a legal route for landlords to increase the rent without having to agree to new terms with the tenant.

Key Points About Section 13:

  • Can only be used once every 12 months.
  • Only applies to periodic tenancies.
  • Must be issued using the prescribed form (Form 4).
  • Must give the tenant at least one month’s notice.

This method is especially useful for landlords who want to adjust the rent in line with market rates or inflation. The Section 13 rent increase process ensures that the tenant is given a fair amount of time to consider the change and respond if needed.

Tenant Rights Under Section 13

Tenants are not without recourse when a Section 13 notice is served. If a tenant believes the proposed rent increase under section 13 is excessive or unfair, they can refer the matter to the First-tier Tribunal (Property Chamber). The tribunal will then decide whether the increase is justified based on market comparables and other factors.

 

This legal safeguard is why many landlords consult with first 4 landlord advice services or eviction specialist UK firms to ensure they are compliant and acting within the law.

What Is a Section 21 Notice?

A Section 21 notice, also referred to as an s21 notice, is a legal tool that allows landlords to regain possession of their property without providing a reason. Commonly referred to as a “no fault eviction”, the section 21 notice is often used at the end of a fixed-term tenancy or during a periodic tenancy.

Key Points About Section 21:

  • Must give tenants at least two months’ notice.
  • Cannot be served in the first four months of a tenancy.
  • Must comply with certain legal conditions (e.g., deposit protection, energy performance certificates, and gas safety checks).
  • Does not require the landlord to prove any wrongdoing by the tenant.

When people ask, what is a section 21, the simplest answer is that it’s a way for landlords to end a tenancy agreement legally and reclaim their property, provided all legal obligations have been met.

Controversy Around Section 21 Notices

There has been increasing political and public scrutiny over the use of Section 21 notices. Critics argue that “no fault evictions“ create instability for tenants and can lead to homelessness, particularly when used arbitrarily. As a result, there have been calls for reforms and even the complete abolition of Section 21.

 

Nevertheless, until any legal changes take effect, the s21 notice remains a legitimate way for landlords to proceed with evicting a tenant, provided all conditions are met.

Section 13 vs. Section 21: The Key Differences

Let’s break down the core differences between these two notices:

Section 13 Notice

  • Purpose: Rent increase
  • Legal Form: Form 4
  • Notice Period: 1 month
  • Frequency: Once every 12 months
  • Tribunal Option: Yes, tenants can challenge rent
  • Reason Required: No, but must follow rules
  • Applies To: Periodic tenancies

Section 21 Notice

  • Purpose: Eviction (no fault)
  • Legal Form: No prescribed form, but must be in writing
  • Notice Period: 2 months
  • Frequency: No frequency limit, but not within first 4 months
  • Tribunal Option: No formal challenge process
  • Reason Required: No reason needed
  • Applies To: Fixed-term and periodic tenancies

Understanding these differences is essential for both landlords and tenants. While a Section 13 notice deals strictly with financial adjustments in ongoing tenancies, a s21 notice is a tool for evicting a tenant and reclaiming the property.

When Should a Landlord Use Section 13?

A landlord should consider using a section 13 rent increase when:

 

  • The tenancy has become periodic.
  • Market conditions justify a higher rent.
  • The current rent no longer covers property-related expenses.

Before issuing a Section 13 notice, it’s wise to consult with first 4 landlord advice services or eviction specialists to ensure everything is done by the book.

When Should a Landlord Use Section 21?

A section 21 is appropriate when:

 

  • The landlord wants to sell the property.
  • There’s a desire to move back in.
  • There is a breakdown in the landlord-tenant relationship.
  • The tenancy has reached the end of the fixed term.

Using a Section 21 route can be efficient, but it also requires strict compliance with housing laws. Many landlords turn to tenant eviction specialists or a trusted eviction specialist UK firm to manage the process smoothly.

Common Mistakes to Avoid

For Section 13:

  • Serving notice during a fixed-term tenancy.
  • Not using the prescribed form.
  • Attempting to raise rent more than once in 12 months.

For Section 21:

  • Failing to protect the tenant’s deposit correctly.
  • Not providing necessary documents (e.g., EPC, gas certificate).
  • Serving the notice too early in the tenancy.

Even small mistakes can invalidate the notice and result in delays. Seeking help from eviction specialists is often the best course of action.

Final Thoughts

Whether you’re issuing a Section 13 rent increase or a s21 notice, understanding the legal boundaries is key to protecting your property investment and maintaining a fair relationship with your tenant. While both notices serve very different purposes, each has its own complexities and legal requirements. Landlords should always consider seeking expert guidance from first 4 landlord advice services or professional eviction specialists to ensure compliance and avoid unnecessary disputes.

 

If you’re a landlord in need of support, don’t take risks—connect with trusted tenant eviction specialists and get expert guidance to protect your rental property today.

Scroll to Top