When it comes to being a landlord, there are a number of legal responsibilities that must be adhered to. One of these responsibilities includes serving a section 21 notice to tenants if the landlord wishes to gain possession of the property. In this article, we will discuss the process of serving a section 21 notice and everything that landlords need to know about this important legal aspect of renting out property.
First and foremost, it is crucial to understand what a Section 21 notice is and when it can be used. A Section 21 notice is a legal document that landlords in England can use to regain possession of their property from assured shorthold tenants. This type of notice does not require the landlord to give a reason for wanting the property back, as long as all the legal requirements have been met.
In order to serve a Section 21 notice, there are certain conditions that must be met. Firstly, the tenancy agreement must be an assured shorthold tenancy (AST). This type of tenancy is the most common form of tenancy in the private rental sector and allows landlords to evict tenants without providing a reason as long as the correct legal procedures are followed.
Secondly, the tenancy deposit must be protected in a government-approved deposit protection scheme. This is a legal requirement for all ASTs and failure to do so can result in the landlord being unable to serve a Section 21 notice.
Additionally, the landlord must also provide the tenant with a valid gas safety certificate, an energy performance certificate (EPC), and the government’s ‘How to Rent’ guide at the start of the tenancy. Failure to provide these documents can also invalidate the Section 21 notice.
Once all the necessary conditions have been met, the landlord can then proceed with serving the Section 21 notice. The notice must be in writing and provide the tenant with a minimum of two months’ notice before the date on which the landlord wishes to gain possession of the property. It is important to note that the notice cannot end before the end of the fixed term of the tenancy agreement.
The Section 21 notice can be served by either posting it through the letterbox, sending it by recorded delivery, or handing it to the tenant in person. It is advisable to keep a record of how and when the notice was served in case any disputes arise in the future.
It is also worth mentioning that there are limitations on when a Section 21 notice can be served. For example, if the property is a house in multiple occupation (HMO) and the landlord does not have the necessary license, they will be unable to serve a Section 21 notice. Similarly, if the property requires selective licensing and the landlord has not obtained the license, they will also not be able to serve a Section 21 notice.
If the landlord wishes to serve a Section 21 notice due to the tenant breaching the tenancy agreement, they may need to provide evidence of the breach in order for the notice to be valid. This can include proof of rent arrears, damage to the property, or antisocial behaviour.
In the event that the tenant does not leave the property by the date specified in the Section 21 notice, the landlord can apply to the court for a possession order. The court will then review the case and if the correct procedures have been followed, they will issue a possession order allowing the landlord to take back possession of the property.
In conclusion, serving a section 21 notice is an important aspect of being a landlord and must be done correctly in order to be valid. By following the legal requirements and procedures outlined in this article, landlords can effectively regain possession of their property from assured shorthold tenants when necessary.