What is a Section 21 notice?
A Section 21 notice is a formal document served by the landlord or their agent to inform the tenant of the landlord’s intention to repossess the property at the end of the fixed term of an Assured Shorthold Tenancy (AST).
Commonly known as a ‘no fault possession notice’, landlords using this notice are not required to provide a reason for wanting to take back the property and it can only be used for properties located in England.
Key requirements for serving a Section 21 notice
There are specific requirements and timelines that landlords must adhere to when serving a Section 21 notice:
- Timing: The notice cannot be served within the first four months of a tenancy and must provide at least two months’ notice to the tenant.
- Required documents: Before serving the notice, landlords must have provided the tenant with several key documents:
• The government’s “How to Rent” guide
• An Energy Performance Certificate (EPC)
• A gas safety certificate
• Proof that any tenant deposit has been placed in an appropriate tenancy deposit scheme
What happens after serving a Section 21 notice?
If the Section 21 notice is correctly served and all relevant documentation has been provided, but the tenant does not vacate the property at the end of the notice period, the landlord can issue a claim for possession in court.
Provided all procedures related to the Section 21 notice have been followed correctly, the tenant is unlikely to be able to raise a credible defence, and the court is likely to grant an order for possession.
Alternatives to Section 21
While there are other methods to seek possession of a property at the end of a tenancy, these typically require the landlord to present credible grounds, such as the tenant’s breach of specific terms of the tenancy. This process can be more prolonged and may result in a contested trial if the tenant disputes the alleged breaches.
Future of Section 21 notices
With the Labour Party’s recent election win and their stated intention to amend or abolish Section 21, landlords face uncertainty about the future of this process. It may just be a matter of time before this occurs, if it passes through both houses of parliament, altering the way landlords can seek possession of their properties.
Understanding the requirements and procedures of serving a Section 21 notice is crucial for landlords looking to regain possession of their property efficiently. Keeping up to date on potential legislative changes is equally important to navigate the evolving regulatory environment.
If you require any further advice on Section 21, please contact partner and head of dispute, Stewart Burrows or a member of our dispute resolution team. Our expert team can also assist with a range of property disputes.
What is a Section 21 notice?
A Section 21 notice is a formal document served by the landlord or their agent to inform the tenant of the landlord’s intention to repossess the property at the end of the fixed term of an Assured Shorthold Tenancy (AST).
Commonly known as a ‘no fault possession notice’, landlords using this notice are not required to provide a reason for wanting to take back the property and it can only be used for properties located in England.
Key requirements for serving a Section 21 notice
There are specific requirements and timelines that landlords must adhere to when serving a Section 21 notice:
- Timing: The notice cannot be served within the first four months of a tenancy and must provide at least two months’ notice to the tenant.
- Required documents: Before serving the notice, landlords must have provided the tenant with several key documents:
• The government’s “How to Rent” guide
• An Energy Performance Certificate (EPC)
• A gas safety certificate
• Proof that any tenant deposit has been placed in an appropriate tenancy deposit scheme
What happens after serving a Section 21 notice?
If the Section 21 notice is correctly served and all relevant documentation has been provided, but the tenant does not vacate the property at the end of the notice period, the landlord can issue a claim for possession in court.
Provided all procedures related to the Section 21 notice have been followed correctly, the tenant is unlikely to be able to raise a credible defence, and the court is likely to grant an order for possession.
Alternatives to Section 21
While there are other methods to seek possession of a property at the end of a tenancy, these typically require the landlord to present credible grounds, such as the tenant’s breach of specific terms of the tenancy. This process can be more prolonged and may result in a contested trial if the tenant disputes the alleged breaches.
Future of Section 21 notices
With the Labour Party’s recent election win and their stated intention to amend or abolish Section 21, landlords face uncertainty about the future of this process. It may just be a matter of time before this occurs, if it passes through both houses of parliament, altering the way landlords can seek possession of their properties.
Understanding the requirements and procedures of serving a Section 21 notice is crucial for landlords looking to regain possession of their property efficiently. Keeping up to date on potential legislative changes is equally important to navigate the evolving regulatory environment.
If you require any further advice on Section 21, please contact partner and head of dispute, Stewart Burrows or a member of our dispute resolution team. Our expert team can also assist with a range of property disputes.