When can a section 21 be issued?
A section 21 notice can be issued at any time during the fixed tenancy or during the periodic tenancy. A Section 21 notice to quit can only be used to regain possession of a property at the end of an Assured Shorthold Tenancy.
Can I serve a Section 21 notice now?
Landlords cannot now serve a Section 21 notice within the first four months of an Assured Shorthold tenancy. Under the new rules, Section 21 Notices will now have a ‘shelf-life’ of six months during which court proceeding must be commenced. After six months without court action, the notice will become invalid.
Has Section 21 notice been abolished?
On 15 April 2019, the then-Government announced: “Private landlords will no longer be able to evict tenants from their homes at short notice and without good reason.” This was followed by a consultation process which ran between July and October 2019. The Government response is expected later in 2021.
What documents do I need to serve a section 21?
Prescribed Legal Requirements Before Serving A Section 21 Notice
- Energy Performance Certificate (EPC) Any EPC should be obtained within 7 days of marketing and given to a ‘prospective’ tenant at the time of viewing under the EPC legislation.
- Gas Safety Record.
- Comment.
Can a landlord evict you without Section 21?
If your section 21 isn’t valid You’ll be able to stay in your home and challenge your eviction if your landlord hasn’t given you a valid section 21 notice. Your landlord will have to give you a new, valid notice if they still want you to leave your home.
What happens if a tenant does not move out after section 21?
If the tenant doesn’t move out of the property by the end of the notice period stated in the section 21 notice, you can apply to the county court for an order for possession. This is called making a claim for possession. You must apply to the county court in the area where the property is located.
Can you serve a section 21 by email?
Although there is no prescribed format for a s21 notice, it must be served in writing and certain information must be given. Other forms of communication such as e-mail or telephone are not valid.
Can I serve notice on a tenant without an EPC?
Yes. It is a legal requirement to have a valid EPC for a property when marketing for sales and/or lettings. Furthermore, if a landlord wants to back possession of a property let on an Assured Shorthold Tenancy it is legally necessary to have a valid EPC before serving notice on a tenant.
Can you serve a section 21 without a gas certificate?
The Court of Appeal has recently held that failure to provide a gas safety certificate prior to a tenant’s occupation does not prevent a landlord serving a section 21 notice, as long as the relevant certificate has been given before service of the section 21 notice.