For Landlords: Important Things to Remember to Avoid Serving an Invalid Section 21 Notice!

For Landlords: Important Things to Remember to Avoid Serving an Invalid Section 21 Notice!

Being a landlord, you already have your plate full with tenant responsibilities and property management. But these duties can become overwhelming when your tenants start being unreasonable i.e. not paying on time, or not leaving by the end of their tenancy period.

So how do you get rid of such unsavoury people?

You could serve them a notice, namely the Section 21 notice.

Don’t know much about it? Keep on reading!

What is a Section 21 Notice?

According to Section 21 of the Housing Act of 1988, a landlord may use this notice to evict their tenants in two situations:

  • Either after their term of tenancy ends, if you’ve signed a written contract with the tenants
  • Or during the tenancy period if there is no fixed date (this is known as a periodic tenancy)

This section was written to provide landlords with more power to evict tenants who might try to gain possession of their property through unfair means. Now, though helpful, this section – like any other English Law – has some provisos that the landlord must satisfy, otherwise the notice will be invalid.

You May Not Use the Section 21 Notice to Evict Tenants If:

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  • It has been less than six months since the tenancy agreement was signed
  • The fixed term in the agreement has not ended. (Note that some tenancy agreements have a clause that specifically allows them to serve a Section 21 notice, regardless)
  • Your property has not received a HMO license from the council, but can be categorised as a HMO or House in Multiple Occupation
  • You’ve received a notice from the council to improve your property in the last 6 months
  • You have not placed the deposit submitted by the tenant in a deposit protection scheme (required as of April, 2007)
  • If you’re not a licensed landlord (for those in Wales)

You may also not use the Section 21 notice if your tenant was not given copies of:

  • The ‘How to Rent’ Guide’ issued by the Government
  • The current record for the property’s gas safety
  • The Energy Performance Certificate (EPC)

Get Professional Legal Help!

Your reason for giving a Section 21 notice has to be legal and valid, otherwise you will be open to liability.

Follow the correct legal advice to protect yourself and your property. Contact firms like Wembley Solicitors! Offering services to tenants and landlords alike, the legal experts at Wembley will guide you on the right path.

Contact them at 020 3417 3700 and book an appointment.

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