What is the purpose of a Section 21 notice?
Renting or letting commercial or residential spaces can often be a complex experience, with laws and regulations that are confusing for both tenants and landlords alike. Perhaps one of the most important rules to understand is the Section 21 notice, a controversial yet critical legal tool used across the rental market.
A Section 21 notice is used to begin the process of ending an assured shorthold tenancy (AST). It will inform the tenant that the landlord wants the property back at the end of a fixed-term contract or during a periodic lease, such as a rolling monthly agreement.
These notices are sometimes called “no-fault evictions” as the building owner does not have to provide a specific reason for asking the renter to leave.
What happens when a Section 21 is served?
Once the tenant has been issued a Section 21, they will have to vacate the property on a date decided by the landlord. The notice period given must be at least two months and it cannot be served within the first four months of the tenancy.
What should a Section 21 include?
There are a number of details that every no-fault eviction must contain in order to make it valid. This includes the occupier's name, property address, notice period, landlord’s details and clear statement of possession.
For tenancies started or renewed on or after 1st October 2015, Form 6A should be used to ensure the notice contains all the necessary information and errors are kept to a minimum.
How long is a Section 21 notice valid for?
Typically, Section 21s are valid for six months after the date they were issued. During this time, the landlord may apply for a possession order if the tenants do not leave at the end of the notice period. Once this has been approved, the court will inform the renter to leave the property within a specific timeframe (usually 14 to 28 days).
If they still refuse to leave, the landlord should apply for a warrant of possession. Within this process, court-appointed bailiffs will schedule a date to remove the tenant completely and return the property to the owner.
It is important to avoid harassing and threatening tenants or cutting off utilities and access during these processes, as this could result in legal penalties.
What makes a section 21 notice invalid?
In some instances, they can be invalid due to the landlord not providing the correct information or following the right procedures. Some of the most common reasons for invalidity include:
- Failure to present required documents.
- Deposit protection issues.
- Retaliatory evictions.
- Incorrect licenses in place.
- Notice timing errors.
- Ongoing repairs or tenant complaints.
How to serve a Section 21 notice
If you are a landlord and want your property back, we understand how frustrating it can be. However, remaining calm and following the right procedures is the quickest way to remove tenants. Typically, serving a notice might look something like this:
- Ensure legal requirements are met, such as using a deposit protection scheme and adhering to licensing compliance.
- Use the right form and complete it correctly.
- Issue the Section 21 to those within your building.
- Document and retain proof that you have served them.
- Wait for the notice period to expire.
- Take further court action if necessary.
This can be a long, gruelling process whether your tenants comply with the notice or not. Fortunately, Eddisons is a leading figure when it comes to handling these cases on our clients’ behalf and we are ready to help you too. Please contact our Lease Advisory team for more information.
Can I oppose a Section 21?
Receiving a no-fault eviction can be scary and make your future seem uncertain. As mentioned, though, there are a range of reasons why the notice may be invalid. If you have been served a Section 21 notice and something does not feel right, we may be able to assist you. Again, get in touch with our Lease Advisory team to speak to the experts.
The future of Section 21 notices
The government’s proposed Renter’s Rights Bill means Section 21 notices may become a thing of the past in the near future. The party aims to give more power to tenants, making it harder to be evicted without good reason.
Get help with Section 21 notices today
Section 21s can be a headache for renters and landlords alike. Let us ease the burden and provide expert advice to streamline the process for you. We have more than 180 years of experience in the property industry and work across a huge range of sectors. Plus, we have over 450 brilliant people waiting to support you. Please fill out the form below or get in touch with your nearest office for more information.
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