Section 21 Notice Requiring Possession

Section 21 Notice Requiring Possession

In England and Wales, landlords must serve tenants a Section 21 notice to regain possession of a property. A Section 21 notice can only be issued on a property let on an assured shorthold tenancy agreement. When issuing a Section 21 notice, the landlord does not need to provide a reason for wishing to take possession.

Mander Cruickshank Solicitors have experts able to help you every step along the way, ensuring no mistakes are made in the notice or with the legal periods of notice you are required to give a tenant. A Section 21 notice must give tenants at least two months’ notice to vacate a property. A Section 21 notice cannot expire during a fixed term. However, landlords can use a Section 21 notice to bring the fixed term to an end no less than two months before the end of the fixed term, or at any time after the end of the fixed term.

A Section 21 notice is often referred to as a no-fault eviction which means that the landlord does not need to prove the tenancy terms have been breached. It also allows the landlord to regain possession of their property without giving the tenant any reason why.

Our experts know the law on tenant eviction and will ensure that you don’t have to. Tenants must have at least two months’ notice to leave a property under this procedure. When serving a Section 21 notice landlords must use the correct version of the form.

Furthermore, landlords in England cannot use a Section 21 notice if they have not provided the tenants copies of the property’s Energy Performance Certificate, a gas safety certificate and a ‘How to Rent’ guide (for tenancies agreed from 1/10/15). All security deposits must be protected with a deposit protection service in line with regulations.

Mander Cruickshank Solicitors suggest that when a landlord issues documents, they should ask the tenants to sign and confirm receipt or to send an acknowledgement email if the documents are sent digitally. This is helpful for if an eviction is challenged and goes to court.

Our experts can advise you if you cannot use a Section 21 notice, for example if any of the following apply in your circumstances:

  • It is less than four months since the tenancy started (in England)
  • A tenant is asked to leave before the end of a fixed term, unless there is a clause in the contract that allows the landlord to do this
  • The property is a licensable HMO or requires a selective licence and does not have a licence from the council
  • The council has issued an Improvement Notice or Notice of Emergency Remedial Action for the property in the last 6 months (in England)
  • The tenancy started after April 2007 and the landlord has not put the tenant’s deposit in a deposit protection scheme
  • The landlord has not repaid any unlawful fees or deposits that they have charged the tenant
  • If the property is in Wales and not registered with Rent Smart Wales and the landlord or managing agent does not have a licence (Wales only)

Contact c.anderson@mandersol.co.uk for more information or to instruct us to help you with your eviction process.