Section 21

Landlord Advice UK can draft and serve a section 21 or a section 8 notice for a fixed fee of £69 inclusive. Should you require this service please complete our form which contains all the information we require to draft the notices for you. Once we receive this we will then discuss your particular situation with you, and if instructed we will then draft and serve the notices on your behalf.

For good practice and clarity we will send you copies of all the documents we send to your tenant at no extra charge.

Basic information on section 21 notice – If the tenants deposit was applicable for protection and you failed to protect it, under law any section 21 notice served will be deemed invalid. In such cases the remedy is to protect the deposit and reserve the notice.

If the landlord requires possession at the end of a fixed term tenancy (under section 21), he is required to serve a two months’ notice on the tenant. Only when the notice has expired, if the tenant has not left, can you then commence Court possession proceedings.

There are two types of section 21 notices and you should make sure you have served the right notices. If the tenancy agreement is within the fixed term (not yet expired) you will need to serve a standard section 21 notice known as a section 21 notice (1) (b). If the tenancy has expired, you will need to serve a notice which is known as a section 21 periodic notice (4) (a). For avoidance of doubt if you already served a section 21 notice (1) (b) when the tenancy was within the fixed term and then expired you do not then need to reserve a periodic notice.

Warning: This page is for information only and we do not recommend that any landlord attempts to issue proceedings for possession if they are not legally trained. Should any claim for possession fail the tenant may well be entitled to their legal fees for defending, which the landlord may well be asked to pay. Fees for defending a section 21 or section 8 claim are likely to be several hundred pounds.

Landlords renting residential property should beware that tenants have rights in law which prevent them being evicted or unlawfully harassed by landlords. It is a legal requirement that landlords obtain a possession order from a court before they can start to exercise any right to possession.

Risk Assessment – Section 21 Notice

If the assured shorthold tenancy (‘AST’) commenced on or after 1 October 2015 the following applies to properties in England:

Before a notice under section 21 of the Housing Act 1988 (section 21 notice) can be served you must fully comply with all the points listed below from 1 to 5. If you cannot, contact us so we can assist you to comply with any obligation which has not been met to allow the serving of a section 21 notice.

Description of Obligation;-

1. A valid Gas Safety Certificate has been served on the tenant(s).

2. A valid Energy Performance Certificate (‘EPC’) has been served on the tenant(s).

3. The How to Rent Checklist has been served on the tenant(s).

4. You confirm the landlord(s) has not been served an improvement or emergency remedial action notice by a local authority which remains in force.

5. You confirm the landlord(s) has not received a complaint of disrepair in writing from the tenant(s) which has not been “adequately” responded to within 14 days of that complaint being made.

Interpretation of “adequate”: Where the landlord(s) provides a written description of the action that the landlord proposes to take to address the complaint, and sets out a reasonable timescale within which that action will be taken.

If the answer to the points 1 to 5 above is No then please contact us so one of our experts can advise and assist you to comply with any obligation not met to enable the serving of a valid section 21 notice. A fee will be payable for this service.

We can serve the EPC, Gas Safety Certificate and How to Rent Checklist on your behalf, assist you comply with or challenge an improvement or remedial action notice served by the local authority or respond to any complaint made by the tenant(s), additional fees will however apply. The above-mentioned obligations are regulations imposed under the Deregulation Act 2015 and The Assured Shorthold Tenancy and Prescribed Requirements Regulations 2015.

IMPORTANT NOTE: There are exemptions to some of the above regulations if the let premises is on the market for sale.