What is a Section 21 Notice?
A “Section 21 Notice to Quit” is part of the Housing Act 1988 (amended in 1996 and 2004) that allows landlords to regain possession of their property from a tenant at the end of an Assured Shorthold Tenancy (AST).
A Section 21 Notice does not require any grounds for eviction. Simply put, the notice can be recognised at any point following an initial 6 months of the property being in possession of the tenant.
As long as it has been issued with a stated two month’s notice for the tenant, a Section 21 Notice is valid. After two month’s notice, the court can give the landlord a possession order.
If the tenant refuses to leave, landlords should follow correct procedure. Following a court’s possession order, a landlord may ask the court to provide bailiffs to evict a tenant.
When is a Section 21 Notice not Valid?
A Section 21 Notice is not deemed valid if:
The landlord failed to protect the tenant’s deposit in a Government approved tenancy deposit scheme (TDS)
- The landlord has not provided the tenant with the required information regarding the TDS
- The property is a house in multiple occupation (HMO) without a license.
- The landlord provides a new fixed term tenancy after the Section 21 Notice
In the event that a landlord did not protect the tenant’s deposit, they may then protect the tenant’s deposit in a TDS and issue the notice again.
Drafting a Section 21 Notice
At iProperties, we can draft and serve a Section 21 Notice notice for a small fee.
Should you require this service, please contact us and make sure you have all the relevant information to hand.
For good practice and clarity we will send you copies of all the documents at no extra charge.
