Section 21 notice
WHAT IS A SECTION 21 NOTICE?
SECTION 21 NOTICES ARE A TWO MONTH NOTICE TO BRING A TENANCY TO AN END
These are used when you want to evict a tenant either at the end of the fixed term or when using a break clause to regain possession of your property, to serve a Section 21 Form 6A notice you do not to give grounds for ending the tenancy agreement.
If your property is being rented under an Assured Shorthold Tenancy and you are a landlord trying to regain possession of your property it may be necessary to serve a Section 21 Form 6A notice. Under the Deregulation Act 2015 a Section 21 Form 6A notice only has a lifespan of 6 months and can not be served before 4 months of the tenancy has elapsed.
WHEN CAN YOU USE A SECTION 21 NOTICE?
YOU DONOT HAVE TO PROVE ANY GROUNDS FOR POSSESSIONS HOWEVER IN ORDER TO USE THIS NOTICE THERE ARE CERTAIN THINGS A LANDLORD MUST KNOW:
- You cannot use this notice if you have not protected the deposit in one of the 3 recognized Deposit Protection Schemes or given the tenant prescribed information about how the scheme works. Both the deposit and prescribed information must have been protected and served within first 30 days of receiving the deposit. If you have failed to protect the deposit or serve the required prescribed information then please call us to discuss your options.
- The Deregulation Act 2015 states that all relevant requirements for letting a property have to be met. This includes a valid gas safety inception certificate and energy performance certificate and most importantly if the property requires a license a copy of the license must be available and served on the tenant before the Section 21 Form 6A Notice is served.
- Caridon v Monty Shooltz – if you have not served the Gas Safety Certificate on your tenant before or on the day of moving in you may have problems gaining possession of your property.
WHAT IS AN
Once the section 21 notice Form 6A has expired you can apply for an Accelerated Possession Procedure, this is not a quicker route it just means most cases are dealt without the need of a court hearing.
We can serve a section 21 notice Form 6A on your behalf, provide you with a certificate of service and assist you with the next step.
The Housing Act 2004 states that all tenancy deposits taken on Assured Shorthold Tenancies must be protected within the ﬁrst 30 days in one of the recognized deposit schemes and prescribed information served on the tenant.
If you fail to do this than you cannot use a Section 21 Notice to regain possession of your property unless you have given the deposit back to the tenant ﬁrst. The tenant will also have a claim against you between 1 to 3 times the value of the deposit for failing to comply with this law. If you are worried about your position please contact us for advice.
The Deregulation Act 2015 made some very important changes to Section 21 Notices. Any tenancy created after that date will need to use a new style of Section 21 Notice Form 6A . Tenancies create before then or which are based on renewals or extensions of tenancies created before then can continue to use Section 21(1)(b) or Section 21(4)(a).
From 1 October 2018 only the Section 21 Form 6A notice can be used
From 1 October 2015, only on all new tenancies a tenant maybe able to stop a section 21 if there is a valid complaint about the property.