Section Notice | LeBern

How To Check The Validity of Section Notice

admin — Fri, 27 Jan 2023 15:00:43 +0000

1. Check the form and dates
Your section 21 notice must be on form 6A.
Your notice will not be valid if:

You have waited too long to apply to court
You issue the notice during the first 4 months of your original tenancy

2. When tenants deposit not protected?

As a landlord you can not give a valid section 21 if tenants deposit is not protected in a scheme or it was protected late.
For most renters, late protection of your deposit means more than 30 days after your most recent contract started.

3. Check your documents

As a landlord you cannot usually give you a valid section 21 notice unless you have shared below documents with tenants,

Gas safety certificate
Energy performance certificate (EPC)
The government’s How to rent guide

4. Charged banned or unwanted fees?

Landlords and agents can only:

take up to 5 weeks’ rent as a deposit
charge fees in certain situations

6. When council order renovations

As a landlord you cannot give a valid section 21 notice for the next 6 months if the council orders you to do repairs under either an:

improvement notice
emergency works notice

Eviction Law – Section 21 Notice

admin — Tue, 25 Oct 2022 08:51:34 +0000

What is Section 21 notice?

A Section 21 Notice is a legal notice which can be used by landlords to recover possession of their property. The Section 21 notice does not require you to explain why you are seeking possession but does have specific requirements in order to rely on it.

When can a Landlord use section 21 for eviction?

When the fixed term tenancy comes to an end.

When the tenancy is an assured shorthold tenancy.

What are the limits which stops you from giving Section 21 in England?

A Section 21 cannot be used in the first four months of a tenancy agreement, or in the ‘fixed term’ unless there is a relevant break clause.

If the landlord does not have the relevant licence required by the council, then they cannot rely on a Section 21, i.e HMO licence or Selective licence.

If a deposit was taken but was not registered within the first 30 days of the tenancy agreement, and the prescribe information was not given within those 30 days then a Section 21 cannot be given.

If the property has received an improvement notice the landlord cannot serve a Section 21 within 6 months of receipt of it.

Under the Deregulation Act, landlords should provide the tenant/s with the following documents at the start of the tenancy to rely on Section 21

Energy Performance Certificate
Government ‘How to Rent Guide’
Gas safety certificate – if there is gas in the property

What is the minimum notice period?

The minimum notice period is two months. If the tenancy is rolling periodically and the contract states that the rent is paid in alternative intervals i.e quarterly, six monthly or annually, then the notice period must be at least as long as the rental period. FOR EXAMPLE if the rent is paid every six months the notice period would be six months.

What to do if tenants not leaving?

Once your notice has expired, you should check to see if the tenants are vacating, if not then an application to court under Section 21 Housing Act 1988 should be made. A Section 21 does not end the tenancy automatically

Are you in need of an eviction support?

Eviction Law – Section 8

admin — Sun, 25 Sep 2022 13:55:15 +0000

What is a section 8 notice?

Section 8 notice is the first step of tenant eviction process which is used by troubled landlords. Under section 8 notices landlords with issues are using tenant misconducts and tenancy contract violations to evict tenants from their properties. Generally main reasons noted in section 8 notices are having pending arrears for property rent, damaging properties of the landlord and disturbing the neighbors constantly. Once the notice is given tenants are left with 14 days to vacate their properties generally. However issuing notice should include few information’s correctly for them to be effective. Those are tenants name, address of the property, ‘grounds for possession’ which describes why tenants required to leave the property, and end date for the notice. If any of these facts are wrong it may create an opportunity for tenant to resist vacating the property. Section 8 notices must clearly mention reasons for eviction notices. In practice there exist 17 reasons.

1-8 – Rental arrears

If the tenant is paying rental monthly two-month arrears is adequate to provide a notice
If the tenant supposed to pay rent weekly 8 weeks of arrears is enough to provide a notice
If tenant pays annually or quarterly arrears of three months is enough to demand an eviction.

When houseowner/ property owner requires the house before tenant period ends same section 8 notices have been used. However after all these efforts tenants are capable of challenging the eviction based on landlord mistakes done while processing the notice. However, tenants are unable to ignore the notices without challenging them. In a scenario where tenants are not vacating the properties they will be identified as ‘intentionally homeless’ people whom will be receiving no support from the authorities.