Landlord Guidance on Section 21 Notices
It seems inevitable that Section 21 notices are on their way out but that’s partially why our Landlord and Tenant Solicitors are receiving a flurry of inquiries about how to give a Section 21 notice before the option ends.
In this blog, our Landlord and Tenant Lawyers look at what documents you need to consider before giving a valid Section 21 notice to your tenant.
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For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Can you give a Section 21 notice?
As a Section 21 notice is no fault eviction some landlords assume they can serve notice on any tenant. That isn’t correct. Whether you can serve a Section 21 notice depends on:
- The type of tenancy agreement
- Your actions and steps taken as a landlord
If the tenancy agreement started after 1 October 2015, it is best to get our Landlord and Tenant Solicitors to check your paperwork before Section 21 notice is served. That way we can advise on whether your Section 21 notice will be valid and your alternative options to secure possession if that is your only goal. For example, some landlords are content for a tenant to stay if they can increase the rent to reflect their mortgage increase or if the tenant agrees to comply with an aspect of the tenancy agreement.
Paperwork for a Section 21 notice
Whilst you don’t need to give your tenant all this paperwork when you serve a Section 21 notice you do need to get your Landlord and Tenant Solicitors to check that it exists and is up to date before you serve notice. If you don’t then your notice may not be valid and you may end up spending more money and time in trying to get the tenants out.
Our Landlord and Tenant Lawyers need:
- A copy of the tenancy agreement
- Evidence that you complied with the rules on prescribed deposit information and that you protected the deposit
- Paperwork trail to show you gave the tenant prescribed information at the start of the tenancy agreement/s and when
- Evidence that the rental property has an EPC and a gas safety certificate and copies were sent to the tenant and when they were sent. A tenant must have been served with a copy of a gas safety certificate dated within the last 12 months if there is a gas supply at the property
- A copy of the HMO licence if the property is in multiple occupation and needs an HMO licence under the local council regulations
- Information about whether the tenant has made any complaints. For example, about outstanding property repairs or your behaviour
- Copies of documents if the local authority has served repair notices
Putting the work in to locate these documents can save you time and money as your Section 21 notice needs to be valid for you to be able to rely on it to secure possession.
If you aren’t sure if the above paperwork is relevant to your rental property, then our London Landlord and Tenant Solicitors will be happy to talk through the documents you do need.
The right Section 21 notice
A Section 21 Notice must be on the prescribed form (Form 6A). If it isn’t then the notice isn’t valid.
In addition, there are some timing considerations:
- The notice must give at least two months’ notice to your tenant
- A Section 21 notice cannot be served in the first four months of the initial tenancy agreement
- If you start court proceedings relying on your Section 21 notice they must be commenced within six months of the date of service of the notice
Cannot serve a Section 21 notice
If you cannot serve a valid Section 21 notice then our Landlord and Tenant Solicitors can look at your grounds for serving a Section 8 notice.
A Section 8 notice can be served if a tenant is in breach of their tenancy agreement. The common reasons for serving a Section 8 notice are rent arrears or anti-social behaviour resulting in complaints from neighbours.
With rent arrears, there are three grounds for possession:
- Ground 8 - the tenant owes at least 2 months' rent
- Ground 10 – less than two months’ rent is owing
- Ground 11 – the tenant is paying the rent late
Some landlords currently prefer to send a no-fault Section 21 notice as they don’t want to fall out with the tenant but need possession. In the future that’s not likely to be an option so our Landlord and Tenant Lawyers are also expecting a rise in questions about Section 8 notices and requests from letting agents and property professionals for Landlord and Tenant Legal Training on the use of Section 8 notices.
Online and London Landlord and Tenant Solicitors
For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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