The Section 21 Notice – The Landlords Guarantee!
It’s often said that the Section 21 Notice is the landlords guarantee for gaining possession and to a certain extent this is true. However, this statement should come with a number of warnings and in this publication, we try to explain the pros and cons about using the Section 21 Notice and why and when a landlord should use one. It’s not rocket science, but there are rules to follow and if they are not followed, the landlord will not gain possession of their property and the whole exercise may prove to be a very expensive episode.
What You Need To Know
A Notice of Possession is required before evicting a tenant or possession of a property can be obtained. The precise notice which can be used depends on many things, such as how the tenancy was set up, whether the tenancy is still within the fixed term period and many other reasons. The Section 21 is a powerful document for the landlord as it guarantees* possession. You must give the tenant at least two months notice but providing you do, and providing the notice was issued correctly and served correctly, a possession order will be granted.
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With a Section 21 Notice, a landlord does not need to give a reason for wanting possession of their property but if there is a reason, such as rent arrears, the landlord can still choose to use a Section 21 Notice.
- The Landlord does not need to give a reason why they wish to gain possession of their property/li>
- If there is a reason, such as rent arrears, a Section 21 Notice can still be issued.
- The Section 21 Notice is one of the two notices prescribed by law which must be served on a tenant to terminate the tenancy, the other being the Section 8 Notice, you simply cannot walk into a property and ask the tenants to leave, that would be breaking the law and dangerous and costly thing to do, landlords have been fined thousands of pounds for doing this. There are a number of reasons why you would select a Section 21 Notice over a Section 8 Notice and visa-versa but in essence, the Section 21 Notice is used where you simply want to give the tenants notice that they must quit the property when the notice expires.
Despite the fact that tenant may have breached the terms of the tenancy, (for example by missing on delaying their rent), many landlords and letting agents prefer to issue a Section 21 Notice for gaining possession of their property rather than issuing a Section 8 Notice, which in fact, maybe more appropriate to the circumstances and this is because the Section 21 Notice is considered to be less problematic.
- Section 21 – A simple prescribed document for the termination of an assured short hold tenancy.
- Cannot be issued to bring to an end a fixed term tenancy during the fixed term of the tenancy.
The Section 21 Notice does not come without its own complications. Since its inception, there have always been rules governing the issuing of a Section 21 Notice, and as the Private Rental Sector has grown, these rules have been added to. Today, a Section 21 Notice must be compliant in all aspects for it to be enforceable, if it isn’t compliant, then the notice will not be worth the paper it’s written on!
For example, if you have taken a tenancy deposit but have not placed that deposit into a recognised deposit scheme, then you will not be able to issue a Section 21 Notice, also, under the De-regulation Act 2015, there are certain things you must comply with during the setting up of the tenancy, and if any these items have not been complied with, you will not be able to issue a Section 21 Notice.
You cannot issue a Section 21 Notice until the tenancy is at least four months old, neither can you issue a Section 21 Notice to bring to an end a fixed term tenancy during the fixed term of the tenancy.
- You cannot issue a Section 21 Notice if you haven’t complied with certain rules of the tenancy (Deregulation Act 2015)
- You cannot issue a Section 21 Notice is you haven’t placed a tenancy deposit into a recognised tenancy deposit scheme.
The main advantage of issuing a Section 21 Notices is that it guarantees* the landlord possession of their property. Providing the Section 21 Notice is compliant and has been served correctly, the court must grant the landlord possession of the property. The tenant cannot defend against a compliant Section 21 Notice as there is no defense. The only defense against a Section 21 Notice is when the notice isn’t compliant or hasn’t been served correctly.
The other great advantage of using a Section 21 Notice is that you do not need to have a reason for requesting possession of your property, simply that you wish to have your property returned to you is reason enough to grant possession. This is not the case when issuing a Section 8 Notice as you must have a Ground (reason) for possession on under Section 8.
- Providing the Section 21 Notice is compliant, a tenant cannot defend against it.
- You do not need a reason to issue a Section 21 Notice, simply that you wish to gain possession of your property
The Section 21 Notice does not come without its drawbacks. As mentioned earlier, the most important being that it must be compliant, so if the tenancy hasn’t been correctly drawn up, or the tenancy deposit hasn’t been registered correctly,the Section 21 Notice may be unenforceable.
Another draw back for the Section 21 Notice is the time it takes for the notice to expire. The minimum notice period with a Section 21 Notice is two months, this may be fine if the tenancy has ended or is near to the end of the fixed term. But if the tenant starts to breach the terms of the tenancy in the early stages of the fixed term, a Section 21 Notice is pretty much useless as it will not bring a fixed term tenancy to an end until the end of the fixed term.
- A landlord must give a minimum of 2 months notice to the tenant and you cannot bring a fixed term tenancy to an end during the fixed term
- If there are any rent arrears, you cannot include the rent arrears in the claim form when using a Section 21 Notice
If you would like to create and serve the Section 21 yourself, you can by using our system.Tenant Registry has created what is probably the only Intelligent On Line Notice System. When you use our system, and taken the process of creating the correct relative to the tenancy circumstances. Intelligence, will detect any anomalies or issues which may ordinarily make the notice on unenforcible. Our online system the tax any problems which prevents it from issuing a possession notice, it will inform you what the problems is and what needs to be done to rectify it.
Using our online notice system to create a possession notice is quick, inexpensive and gives you over control the eviction process.
- On Line Section 21 Notice for creating legally compliant tenancy termination notices
- The system will date the notice so that it is ready to serve and will advise you when to serve it
- Instantly create compliant Section 21 Notices – On Line !
- Use our Intelligent software to assess the tenancy for compliance
- Use the system to correctly date the notice ready for serving on the tenant
- Comes with comprehensive notes on how and when to serve the notice
- For landlords who do not wish to be directly involved in the possession process
- For tenancies which are not compliant
- If you took a deposit but did not pay it into a scheme, use our Legal Referral System
- If you don’t have a written tenancy, use the Legal Referral System