As a landlord, it is always wise to have a plan in place if your tenant fails to pay rent, violates tenancy agreement, or if you simply need the property back. This is where the Section 21 notice, commonly known as “no-fault eviction” comes in.
This article will help you understand what sec 21 notice is, when to serve it, and how to go about it.
What is a sec 21 notice?
Under the Housing Act 1988, landlords in England and Wales can use the Section 21 notices to legally end an assured shorthold tenancy (AST) without giving any reason for doing so. This means that the tenant does not have to be at fault for a landlord to serve the notice.
When can you serve a sec 21 notice?
As a landlord, you can issue a Sec 21 notice once the fixed term of the AST has ended, which usually lasts for six or twelve months. The notice can also be given during a periodic tenancy when the tenant has been in the property for more than four months.
It is important to note that the notice cannot be served in the first four months of an AST, and it must also adhere to certain legally specific requirements.
How do you serve a Sec 21 notice?
To issue a Section 21 notice, you must follow certain legal guidelines. You must provide the tenant with at least two months’ notice before they need to leave, which should be sent in writing. The notice must specify the date that the notice expires, which is not less than two months from the date of service.
In addition, if you took a deposit from the tenant, you are required to have placed it in a tenancy deposit protection scheme (TDP) and provided the tenant with prescribed information about the scheme in question. You must also ensure that you have an up-to-date gas safety certificate and energy performance certificate (EPC).
Make sure that your notice is served by a “professional server” using one of three different methods: delivery by hand, first-class post, or through a “notice of posting” form. By serving the notice, it is crucial to ensure that the tenant has received the notice and that it can be proved beyond reasonable doubt.
What happens after a Sec 21 notice is served?
If you have followed all the legal guidelines, issued the notice correctly, and provided all the required documents, the tenant must leave by the expiry date. If they don’t, then you can choose to go to court and seek possession.
It’s important to note that you cannot physically evict a tenant without a court order. The court process can take between 6-10 weeks, depending on various factors such as how busy the courts are and whether the tenant contests the claim.
What are the alternatives to Sec 21 notices?
While section 21 notices have been an increasingly popular way of evicting tenants, there are also alternative methods, which may better fit specific circumstances.
Section 8 eviction notice, for instance, is another method when a tenant has breached their tenancy agreement. However, this method allows tenants the chance to rectify the breach within a set time and will only be used in serious cases when there is no other alternative.
Conclusion
The Section 21 notice has been a useful tool for landlords in England and Wales to regain possession of their properties without needing a reason other than the expiry of a tenancy agreement. The legal processes surrounding Section 21 notices can be challenging, but following the guidelines will make the process go smoothly.
It is important to note that this process needs to be done correctly and, if during doubt, it’s always good to seek expert advice so you don’t fall foul of the law.
In summary, if you’re considering terminating a tenancy agreement, then it is essential to understand the regulations surrounding the use of Section 21 notice, as well as consider the alternatives. This way, you can ensure your legal rights while upholding your tenant’s right to a fair and reasonable tenancy process.