If you are a landlord in the United Kingdom, it is important to understand the proper procedures for ending a tenancy agreement One common way landlords can regain possession of their property is by serving a Section 21 notice In this article, we will discuss what a Section 21 notice is, when it can be used, and the correct way to serve it.
A Section 21 notice, also known as a “no-fault eviction notice”, is a legal document used by landlords in England and Wales to end an assured shorthold tenancy Unlike a Section 8 notice, which requires a specific reason for eviction such as non-payment of rent or breach of tenancy agreement, a Section 21 notice can be served without giving a reason as long as the fixed term of the tenancy has ended.
In order to serve a Section 21 notice, certain conditions must be met Firstly, the landlord must have protected the tenant’s deposit in a government-approved scheme within 30 days of receiving it Secondly, the landlord must provide the tenant with a valid Energy Performance Certificate (EPC) and a copy of the government’s “How to Rent” guide at the start of the tenancy Failure to meet these conditions can result in the Section 21 notice being deemed invalid by a court.
There are two types of Section 21 notices – the Section 21(1) notice and the Section 21(4) notice The Section 21(1) notice is used when the tenancy is periodic (i.e rolling month-to-month) while the Section 21(4) notice is used when the tenancy is fixed-term and the landlord wants to gain possession after the fixed term has ended It is important for landlords to use the correct type of notice to avoid any legal complications.
When serving a Section 21 notice, there are specific requirements that must be followed service of section 21 notice. The notice must be in writing and clearly state the date by which the tenant is required to vacate the property The notice period must be at least two months, and the expiry date must be on the last day of the tenancy period If the tenancy is periodic, the notice period must end on the last day of the rental period, which is usually the day before the rent is due.
Once the Section 21 notice has been served, the landlord must wait until the notice period has expired before applying to the court for a possession order It is important to keep a record of how and when the notice was served, as this information may be required by the court If the tenant does not vacate the property by the expiry date of the notice, the landlord can apply for a possession order from the court, which will allow for the eviction of the tenant.
It is worth noting that changes to the law in England introduced in October 2015 have placed additional requirements on landlords when serving a Section 21 notice Landlords must now provide tenants with a copy of the property’s current gas safety certificate and a copy of the government’s “How to Rent” guide at the start of the tenancy in order for the Section 21 notice to be valid Failure to comply with these requirements can result in the notice being deemed invalid by the court.
In conclusion, the service of a Section 21 notice is an important legal process that landlords can use to regain possession of their property By understanding the requirements and procedures involved in serving a Section 21 notice, landlords can ensure that the notice is valid and can be enforced by the court if necessary If you are a landlord considering serving a Section 21 notice, it is advisable to seek legal advice to ensure that you are following the correct procedures and protecting your interests as a landlord.