Section 21 Pic

Section 21 – What do I need to know?

7th May 2019

The key facts every landlord needs to know about Section 21.

Section 21 Notice

  • A section 21 Notice is a ‘No Fault’ notice.
  • It can be served by a landlord after the first four months of the fixed term of the tenancy.
  • The notice must run for a two month period.
  • In order to rely on a section 21 Notice a number of ‘prescribed legal requirements’ must have been met:
    • That the landlord (or their agent) must have protected a ‘Tenancy Deposit’ in a regulated ‘Deposit Protection Scheme’ within 30 days of receipt.
    • That the Landlord has served the prescribed information of that ‘Tenancy Deposit Scheme’ within 30 days of receiving the deposit.
    • That the landlord has served a ‘How to Rent Booklet’ on the tenant.
    • That the landlord has served a Gas Safety Certificate’ at the outset of the tenancy.
    • That the landlord has served an Energy Performance Certificate (EPC).

Section 21 procedure if a tenant doesn’t vacate by the expiry date:

  • Commence ‘Accelerated Possession Proceedings’.
  • If the court are satisfied that all of the prescribed information has been provided then the court should make a possession order.
  • The tenant should usually deliver possession within 14 days from the possession order.
  • It the tenant still fails to vacate the property by that date then it will be necessary to instruct the County Court bailiffs to remove the tenant from the property.

Not to be confused with a Section 8 Notice

  • This is a notice served as a result of a tenant breaching the terms of the tenancy agreement.
  • If the tenant does not vacate the property in accordance with the Section 8 Notice then the next step would be to commence possession proceedings.

Abandonment Notice

  • An abandonment notice could be served and fixed to the Property if a landlord had reasonable belief that the tenant had abandoned the property. This has no legal standing but can be used as evidence.
  • Period should be a minimum of 28 days.
  • A copy should be emailed to the tenant if an email address is available.
  • The tenant may, if they haven’t actually abandoned the property, bring a claim for unlawful eviction to the landlord.