A section 21 notice, also known as a Section 21 eviction notice, is a legal document used by landlords in England and Wales to evict tenants from their property. This notice is typically used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy agreement or during a periodic tenancy.
The first thing to note about a section 21 notice is that it can only be used by landlords who have assured shorthold tenancy agreements in place. If you have an assured shorthold tenancy agreement and you want to evict your tenants, then a section 21 notice is the way to go.
There are some key requirements that need to be met before a landlord can serve a Section 21 notice. Firstly, the landlord must provide the tenant with at least two months’ notice in writing. This notice period must end on the last day of the fixed-term agreement or on the last day of a rental period if the tenancy has become periodic.
Secondly, the landlord must have protected the tenant’s deposit in a government-approved tenancy deposit protection scheme. If the deposit has not been protected or if the prescribed information has not been provided to the tenant within 30 days of receiving the deposit, then the landlord cannot serve a valid Section 21 notice.
Thirdly, the landlord must have given the tenant a copy of the property’s Energy Performance Certificate (EPC) and a current Gas Safety Certificate before the tenancy began. If these documents have not been provided, then the landlord cannot serve a valid Section 21 notice.
It’s important to note that a Section 21 notice cannot be used as a retaliatory eviction. This means that if a tenant has reported disrepair issues to the landlord or the local council, the landlord cannot evict the tenant using a Section 21 notice within six months of the date the complaint was made.
Once the Section 21 notice has been served and the notice period has expired, the landlord can apply to the court for a possession order if the tenant has not vacated the property. If the court grants the possession order, the tenant will have a specified amount of time to leave the property, usually around two weeks.
If the tenant does not leave the property after the possession order has expired, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant. It’s worth noting that the eviction process can be costly and time-consuming, so it’s important for landlords to consider all other options before resorting to a Section 21 notice.
In some cases, a Section 21 notice may be invalid if the landlord has not followed the correct procedure or if the notice is defective in some way. For example, if the notice period is incorrect, if the notice is not in writing, or if the notice does not include the necessary information, then the Section 21 notice may be considered invalid by the court.
In conclusion, a Section 21 notice is a powerful tool that landlords can use to regain possession of their property from tenants. However, it’s essential for landlords to follow the correct procedure and meet all the necessary requirements before serving a Section 21 notice. If you are a landlord considering serving a Section 21 notice, it’s advisable to seek legal advice to ensure that you are following the law and protecting your rights as a landlord.