Section 21 Notice by Heather Hilder on May 1, 2019 “Section 21 Notice” Forcing an End to a Tenancy If you need to evict a Tenant who has not specifically breached any of the terms of the tenancy, you’ll need to issue them with a Section 21 Notice. This document, however, can only be served under one of two circumstances: after a fixed term tenancy ends, where there is a written contract, or during a tenancy with no fixed end date – known as a ‘periodic’ tenancy. Failure to follow the correct procedure to the letter of the law has tripped up many a Landlord, with serious ramifications. Serving a Section 21 Your notice must be in writing. You must use Form 6A if the tenancy began or was renewed after 21 October 2015 Notice must be given no earlier than four months after the start of the tenancy Where the rent payment period is quarterly or half-yearly, you must give one full rental period of notice. If the rent is payable monthly or more frequently, then two months’ notice must be given If you get any dates or address wrong – even a typo, then this can invalidate the notice You must start court action within six months of serving notice Your Notice will be invalid if it is served before you have given your Tenant a copy of the current Gas Safety Certificate and Energy Performance Certificate, as well as the latest version of the “How to Rent: the checklist for renting in England” guide at the beginning of the tenancy If the property is a House in Multiple Occupation, you must have a valid HMO license Notice will also be invalid if the deposit wasn’t protected in a government-approved tenancy deposit scheme within 30 days of receipt and/or You did not give the Tenant the required information about the deposit scheme used. If you failed to protect the deposit, then it must be returned to the Tenant before you serve notice A Section 21 notice may also be invalid if you serve it after your Tenant has complained in writing about repairs or the condition of your home. This also applies if the council sends you an improvement or emergency work notice (you can’t serve a Section 21 Notice within 6 months of receiving such a notice either). This is not necessarily an exhaustive list, and clearly this is a complex subject. Many Landlords entrust their property investment to us, as we are experts in this field. Please feel free to call us to discuss your own Buy-To-Let (BTL) needs on 01273-735237.
