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?
Contact us through below link: https://lebern.co.uk/landlords/evictions/