The Section 21 procedure, also known as a Section 21 notice or a no-fault eviction notice, is a process that landlords in England can use to regain possession of their property. This procedure allows landlords to evict tenants without having to provide a reason, as long as they follow the proper legal steps.
Here’s a guide to help landlords understand the Section 21 procedure and how to navigate it successfully.
1. Giving Proper Notice
The first step in the Section 21 procedure is for the landlord to give the tenant a written notice. This notice must inform the tenant that the landlord wishes to regain possession of the property and must provide a minimum of two months’ notice. The notice must also state that it is being given under Section 21 of the Housing Act 1988.
It’s important to ensure that the notice is served correctly. This means it must be in writing, clearly state the date when the two-month notice period begins, and be served in accordance with the terms of the tenancy agreement. It’s recommended to use a method that provides proof of delivery, such as recorded delivery or hand delivery with a witness present.
2. Timing
Landlords should be aware of when they can serve a Section 21 notice. In the case of a fixed-term tenancy, the notice cannot be served within the first four months of the tenancy. If the fixed term has ended and the tenancy has become a periodic tenancy, the notice can be served at any time.
It’s also important to note that landlords cannot serve a Section 21 notice if they have not complied with other legal obligations, such as protecting the tenant’s deposit in a government-approved scheme or providing the tenant with a valid gas safety certificate.
3. Using the Correct Form
When serving a Section 21 notice, landlords must use the correct form. As of October 2015, landlords in England must use Form 6A to serve a Section 21 notice. This form can be downloaded from the government’s website and must be completed accurately.
4. Possession Order
If the tenant does not vacate the property by the end of the notice period, the landlord can apply to the court for a possession order. This involves submitting the correct forms to the court and attending a hearing. If the court grants the possession order, the tenant will be given a specified period of time to leave the property.
It’s important for landlords to follow the correct procedures when applying for a possession order, as any errors or omissions could result in delays or the application being rejected.
5. Fixed-Term Tenancies
For fixed-term tenancies, landlords can only serve a Section 21 notice during the fixed term if there is a clause in the tenancy agreement allowing for this. If there is no such clause, the landlord must wait until the fixed term has ended before serving the notice.
6. Retaliatory Evictions
Landlords should be aware of the rules regarding retaliatory evictions. If a tenant has made a legitimate complaint about the condition of the property and the landlord then serves a Section 21 notice, this could be considered a retaliatory eviction. In such cases, the Section 21 notice may be invalidated, and the landlord could face legal action.
By understanding the Section 21 procedure and following the correct steps, landlords can navigate the process successfully and regain possession of their property when necessary. It’s important to seek legal advice if unsure about any aspect of the procedure to avoid any potential pitfalls.
In conclusion, the Section 21 procedure is a valuable tool for landlords to regain possession of their property when needed. By following the proper legal steps and ensuring compliance with all regulations, landlords can navigate the process successfully and avoid any potential issues that may arise along the way.
Understanding the section 21 procedure: A Guide for Landlords