What is a Section 21 Notice?
A Section 21 Notice is one of the methods a a from their property. The won’t have to leave immediately as there is a Notice period. The will need to serve a Section 21 Notice and, if the doesnt leave, to issue a possession and obtain an order from the . A Section 21 Notice can be served alongside a Section 8 Notice, but they follow different protocols. Care needs to be taken to ensure they don’t invalidate one another. Both Notices are governed by the Housing Act 1988.can use to
A possession . There may be costs attached to doing so. Challenges can be based on the validity of the Notice and the ’s behaviour. A Section 21 Notice doesn’t mean the has done anything wrong. If the seeks possession of the property and the ’s , they might want to either live in it, or sell it.who receives a Section 21 Notice can challenge it through the , and in particular by defending the
What is a Section 21 Notice?
A Section 21 Notice is a warning to the property after a prescribed Notice period. The doesn’t need to give a reason.that they need to vacate the
A Section 8 Notice is an alternative to a Section 21 and is commonly used when the has broken the terms of the agreement. The Section 8 Notice must give a reason or reasons, called ‘grounds for possession’.
Serving a Section 21 Notice has always been the simpler of the two ways to end a accelerated possession procedure’.. It does not usually require a hearing. There is also a quicker process available – this is referred to as the ‘
The Notice alone merely seeks possession of the property. It can be, and often will be, sufficient for a to leave the property, but for the to be forced to leave, it must be legally valid. The will have to wait until after the date given in the Notice (the Notice period) and then go to by issuing a , to obtain a possession order and a Section 21 warrant which is executed by bailiffs.
The Differences Between Section 21(b) and Section 21(a)
Where there is a fixed term
Where there is a fixed term , and the term has expired, notice must be given under Section 21 (4) (a) of the Housing Act 1988. When there is no fixed term — for example, a different type of such as an assured shorthold — the notice is given under Section 21(4) (a).
What Makes a Section 21 Invalid?
Numerous factors can invalidate a Section 21 Notice issued by a possession. These include:seeking
- A Section 21 Notice is only applicable to break clause or either has finished. who have an assured shorthold agreement. If the holds a different arrangement like a Contractual Periodic or a Fixed Term , the Section 21 Notice will automatically be invalid unless the latter has a
- All the information on the Notice must be completely accurate. This includes the property address, the ’s information, and the details of any letting agent. ’s name, the
- The must use the correct version of the form, known as Form 6a.
- Which version depends upon when the started and when the Notice is served.
- The is required to protect the . Failure to do this can invalidate a Section 21 Notice unless the has already been returned.
- The prescribed information and should include details such as the protection scheme and how the will get the back when they leave. Failure to provide all the information (absolutely clearly and correctly) and/or to protect the correctly can invalidate a Section 21 Notice. is required to provide certain key information about the to the – this is called
- If the type of letting arrangement in the property requires a Licence and the does not have one — for example, if the property is a House in Multiple Occupation (HMO) — then the Section 21 Notice will be invalid.
- The possession order. has not gone to for Section 21 proceedings within six months of serving the Section 21 Notice. However, there are some circumstances where the Notice may still be valid and the can proceed to obtain a
- The How to Rent guide. The Rent guide and the Gas Safety Certificate must have been provided before the moved in or the Section 21 could be invalid. is legally obliged to provide the with certain documents including a Gas Safety Certificate which is no older than twelve months, an EPC (Energy Performance Certificate) and the correctly dated version of the
- If the Section 21 Notice has been triggered by a property ’s complaints and/or the ’s failure to carry out timely repairs to the
- The outside the scope of a prescribed list of legitimate costs charging fees
- If the property and agreement, then the Notice can be invalid. the charged is too high for the
- The property. has not given the correct notice period — special rules may apply due to the Covid-19 pandemic — and is asking the to leave the
- A Section 21 Notice is invalid if the local council has served an Improvement Notice within the last six months or a notice that says it will undertake emergency works on the property.
- The does not meet the requirements stipulated under the local authority licensing scheme – not every local authority runs a licensing scheme.
It is important to take professional advice if you receive a Section 21 Notice as there are many grounds to challenge its validity — the law describes these as ‘defects’ — this could affect the action the property and challenge the . The can also be ordered to pay the legal costs.takes and potentially avoid . If the Section 21 Notice is invalid for any reason, then the can stay in the
Thehas no discretion to rectify even minor defects in a Section 21 Notice, and therefore , agents and investors should be incredibly careful to avoid losing or wasting time and money through invalid Notices.
How To Serve a Section 21?
It is essential to construct and serve the Section 21 Notice correctly. Otherwise, the Notice can be ruled invalid by a, and the can avoid .
If the Form 6a — or the Notice can be written within a letter, but must contain all of the same information. Normally, a Section 21 Notice must provide the with a notice period of at least two months, but Covid-19 has changed these rules. The Notice period may be longer depending upon the date on the Notice. The rules differ in England and Wales.started or was renewed after 30 September 2015, a must use
A Section 21 Notice has always been regarded as the quickest and easiest way to regain possession of a rented property, but it does need to be correct in its form with proof of service.
Covid-19 has changed the notice periods at different times so thatdo not suffer hardship if they must find somewhere else to live. These rules continue to evolve.
If you are a possession of a property a Section 21 Notice can be a useful way to achieve this. If you are a and receive a notice, take legal advice – there is a notice period and time for you to make arrangements, so there is no need to panic. A specialist litigation solicitor can draft a valid Notice, and can advise the relevant rules in England and Wales applicable at the time, and can advise you of your options to regain possession as quickly as possible. We complete this work for on a fixed fee basis.or agent who need to regain