Muqtadir Ali - 01708 745183
Specialist in Possession Proceedings talks you through the 'Section 21 Notice' process
What is a Section 21 Notice?
A Section 21 notice, also known as a "no-fault eviction" notice, is a way for a landlord to evict a tenant by giving them two months' notice to leave their home after the end of their fixed-term tenancy. Landlords are not required to provide a reason for the eviction.
What are the common issues for Landlords in serving a Section 21 Notice?
The Section 21 procedure under the Housing Act 1988 is a crucial tool for landlords in England and Wales, enabling them to regain possession of their property at the end of an assured shorthold tenancy (AST). However, the process is fraught with potential pitfalls and challenges. This blog post explores some common issues landlords encounter with Section 21 notices and offers practical advice on how to navigate them.
1. Incorrect Notice Form and Content
One of the most frequent issues landlords face is using the wrong notice form or incorrectly filling it out. Since 1 October 2015, landlords must use Form 6A for tenancies that started or were renewed on or after this date. An incorrectly completed form can render the notice invalid.
Tip: Always double-check that you are using the correct form and have filled out all necessary details accurately. It can be helpful to consult a legal professional to ensure compliance.
2. Failure to Comply with Deposit Protection Rules
The law requires landlords to protect tenants' deposits in a government-approved scheme within 30 days of receipt and provide the tenant with prescribed information about the scheme. Failure to do so means a Section 21 notice cannot be validly served.
Tip: Make sure you protect the deposit promptly and provide all necessary information to the tenant. Keep detailed records of these actions as evidence
3. Non-Compliance with EPC and Gas Safety Regulations
Before serving a Section 21 notice, landlords must provide tenants with a valid Energy Performance Certificate (EPC) and a Gas Safety Certificate. Omitting these documents can invalidate the notice.
Tip: Ensure that both the EPC and Gas Safety Certificate are up-to-date and have been given to the tenant. Maintaining an organised filing system for all tenant-related documents can help avoid this issue.
4. Retaliatory Evictions and Property Condition
If a tenant has complained about the property’s condition and the local authority has issued an improvement notice or emergency remedial action notice, a Section 21 notice cannot be served for six months. This is to prevent retaliatory evictions.
Tip: Address tenants' complaints promptly and keep the property in good repair to avoid local authority intervention. Good communication with tenants can prevent issues from escalating.
5. Licensing Requirements
Properties that fall under mandatory licensing schemes, such as Houses in Multiple Occupation (HMOs) or selective licence, must be properly licensed. An unlicensed property cannot be subject to a valid Section 21 notice.
Tip: Verify if your property requires a license and ensure it is obtained and kept current. Failing to comply with licensing requirements can have serious legal repercussions. You should check your local authority websites regularly to see if there has been any changes to licensing requirements or licensing areas.
6. Serving the Notice Correctly
Even if the notice is correct, it must be served properly. Incorrect service methods can invalidate the notice. For example, simply handing the notice to a tenant without proper documentation or sending it via an unreliable method can cause issues.
Tip: Use a reliable method of service, such as recorded delivery, and keep proof of service. Some landlords opt to have a witness present when the notice is served in person.
7. Timing and Expiry of Notice
A Section 21 notice must give the tenant at least two months to vacate and is only valid for six months from the date it is served. Starting court proceedings after this period requires a new notice to be served.
Tip: Plan ahead and ensure you serve the notice well in advance of when you need possession. Keep track of deadlines and dates meticulously to avoid unnecessary delays.
Conclusion
Navigating the complexities of Section 21 notices can be challenging for landlords. Understanding the common issues and proactively addressing them can save time, money, and stress. By ensuring compliance with all legislative requirements and maintaining clear records, landlords can better protect their interests and successfully manage their properties.
For landlords facing difficulties with Section 21 notices, seeking legal advice can be a wise investment to ensure the process is handled correctly and efficiently.
At F Barnes we can offer a complete and smooth possession process from serving notice, drafting claims, obtaining a possession order and enforcing the order to help recover possession of your property. We offer fixed fees for each step and provide you with peace of mind knowing the process is being handled in the most efficient and cost effective way.
Contact Muqtadir Ali for more information via email or by calling 01708 745183
As a Litigation and Dispute Resolution Paralegal, Muqtadir brings extensive experience in conducting debt recovery cases, property litigation, and possession proceedings. He is dedicated to providing comprehensive support and guidance to a diverse range of clients, helping them navigate and resolve their disputes effectively.
With an eye for detail and a strong commitment to client satisfaction, Muqtadir ensures that each case is handled meticulously, aiming for the best possible outcome. His experience encompasses preparing claims, drafting statements of case, and managing litigation from start to finish. He is proficient at negotiating settlements and representing clients in alternative dispute resolution (ADR) processes, always striving to achieve favourable results without the need for prolonged litigation.
He prioritises clear and open communication, ensuring that clients are well-informed and confident throughout the legal process. He builds a strong rapport with clients, counsel and courts which has been instrumental in securing successful outcomes.
Additionally, his background in property litigation includes handling complex possession proceedings and defending possession claims, equipping him with the skills to tackle a wide array of legal challenges. Whether assisting landlords with eviction processes or defending possession proceedings, Muqtadir's approaches each case with diligence and a focus on achieving just and equitable resolutions.
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