Q. I will need my property back after the end of the fixed term in three months’ time but my tenant has said he does not want to move out. Will I still be able to use section 21?

A. This Labour government has pledged to abolish the no-fault section 21 ground for possession, but this cannot be done without legislation. They have announced in the King’s Speech that this will be done via a new Renters Rights Bill.

However, the Renters Rights Bill has not yet been published. So, section 21 is still available to landlords. It will remain available until the Renters Rights Bill has been made law and the relevant section has come into force.

It normally takes several months (if not years) for bills to become law. They have to pass through both houses of Parliament and then receive the Royal Assent. If the bill is published, as expected in the Autumn, it is unlikely to become law before 2025 but beyond that it is impossible to say.

So, if you wish to use section 21 you should serve the notice at the earliest opportunity. Which, assuming rent is payable monthly, will be two months before the fixed term of your tenancy ends.

However, you should take enormous care to ensure that your notice is valid. This means using the correct form and ensuing that you are compliant with all the various prerequisites that are required for landlords to be able to use section 21.

If you are not sure whether you are compliant, you may want to consider using solicitors to draft and serve your notice. Make sure the solicitors you use are familiar with eviction work.

Q. I have served a section 21 notice on my tenants but they have failed to move out. When I spoke to them about this they told me that they have been advised that my notice is invalid because I have not protected their deposit. Is this correct?