When it comes to renting out a property, there are certain legal procedures that landlords must follow to end a tenancy agreement One of the most common ways to do this is by serving a Section 21 notice, also known as an eviction notice This type of notice is often used by landlords who wish to regain possession of their property but do not have any specific reason, such as a breach of the tenancy agreement, for doing so.
A Section 21 notice is regulated by the Housing Act 1988 and can only be used in certain circumstances It is typically used at the end of an assured shorthold tenancy agreement, which is the most common type of tenancy agreement in the UK Landlords can serve a Section 21 notice to bring the tenancy to an end after the fixed term has expired or during a periodic tenancy However, there are certain requirements that landlords must meet in order for the notice to be valid.
The first requirement is that the landlord must provide the tenant with at least two months’ notice in writing This means that the notice must be served at least two months before the date on which the landlord wishes the tenant to vacate the property The notice must also specify the date on which the tenant is required to leave, which cannot be earlier than the end of the fixed term of the tenancy agreement.
In addition to providing the required notice period, landlords must also ensure that they have met all of their legal obligations as landlords This includes providing the tenant with a copy of the government’s “How to Rent” guide, protecting the tenant’s deposit in a government-approved scheme, ensuring that the property is in a good state of repair, and providing the tenant with an Energy Performance Certificate.
If the landlord fails to meet any of these requirements, the Section 21 notice may be deemed invalid by a court, and the landlord will not be able to evict the tenant using this method s 21 notice. This is why it is important for landlords to ensure that they are fully compliant with all of their legal obligations before serving a Section 21 notice.
In some cases, landlords may also be prohibited from serving a Section 21 notice if they have failed to address certain issues raised by the tenant For example, if the tenant has made complaints about the condition of the property and the landlord has not taken any steps to address these complaints, the tenant may be able to defend against the Section 21 notice in court.
It is also worth noting that landlords cannot serve a Section 21 notice within the first four months of the tenancy agreement This is to ensure that tenants are given a reasonable amount of time to settle into the property and get used to their new surroundings before being asked to leave.
Once the Section 21 notice has been served, the tenant will be required to vacate the property by the specified date If the tenant fails to do so, the landlord can apply to the court for a possession order If the court grants the possession order, the tenant will be given a further period of time to vacate the property, usually around 14 days If the tenant still refuses to leave, the landlord can then apply for a warrant for possession, which allows bailiffs to evict the tenant.
In summary, serving a Section 21 notice is a legal process that landlords can use to regain possession of their property However, there are strict requirements that must be met in order for the notice to be valid, and tenants have certain rights that must be respected It is important for landlords to understand the process and seek legal advice if they are unsure of their obligations.