Your tenancy carries on until you leave voluntarily or you are evicted by the court.
Section 21 Notice writing a section 21 notice seeking Seeking Possession Understanding the law Landlords seeking to regain possession of their property using the no-fault route need to be aware of important legislative changes that came into effect on 1 October These changes relate to any new tenancies started on or after that date.
The changes effect the process a landlord must follow if they wish to regain possession of their property using a notice of seeking possession under Section 21 of the Housing Act as amended.
Provision of certain documents A Section 21 notice cannot be used unless the landlord has provided the tenant with copies of the following documents: The regulations point out that the MHCLG booklet may be subject to change over time and the landlord must provide a copy of the current version in place at that time.
A new version of the booklet was published on 26 June and you can download a copy from the gov. You will find the previous versions available to download at the bottom of this page.
A word of caution.
It is vital to make sure you issue the right booklet! We would suggest that the landlord retains copies of the documents provided and also asks the tenant to sign to confirm receipt. Otherwise, there will be no audit trail to prove compliance.
The landlord can only email the tenant a copy of the booklet if they have notified the landlord, or a person acting on their behalf, of an email address at which they are content to accept service of notices and other documents given under or in connection with the tenancy.
We would suggest you do not send the tenant a web-link to the document on the gov. Other requirements A landlord is unable to use a Section 21 notice of seeking possession unless they have complied with tenancy deposit protection legislation and given the tenant the prescribed information about how their deposit has been secured.
A landlord is also unable to use a Section 21 notice of seeking possession if they are renting out a property that needs to be licensed by the council but is unlicensed.
A new prescribed section 21 notice Prior to 1 Octoberthere was no prescribed format for a section 21 notice of seeking possession. For all tenancies started on or after 1 Octoberthe landlord must now use the correct prescribed form. This is where is gets even more complicated.
However, various experts in the property industry noticed drafting errors in the new prescribed form.
You can view the regulations here. The government have published the new prescribed 21 notice as an editable PDF document that you can download from the gov. Follow the link and you will also find guidance notes to accompany the new Form 6A.
Retaliatory eviction It is more important than ever that landlords maintain their properties in good repair as the sanctions for letting out poor quality and unsafe homes are becoming more stringent. Further changes have been brought in under section 33 of the Deregulation Act These notices can be served by the council for category 1 or 2 hazards under the housing health and safety rating system HHSRS.
It is worth pointing out that most councils charge the landlord a fee for serving an Improvement Notice and so that is another reason to make sure the property is maintained in good and safe condition. Even if the Section 21 notice of seeking possession was served before the council serves one of these notices, it can still be invalid in certain circumstances.
A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where: You might need to read this section a few times before it all makes sense. In summary, landlords need to make sure they respond promptly to all tenant complaints.
Remember that the response to the complaint should be sent in writing within 14 days and it is important to retain copies of all correspondence. The 4 month rule Under section 36 of the Deregulation Acta Section 21 notice of seeking possession cannot be served within 4 months of the start of a new tenancy.
You should refer back to the legislation to find out more. The legislation also sets down maximum time limits for starting possession action once a Section 21 notice has been served.
What to find out more?Seeking possession under Section 21 How much notice must I give my tenant? You must give at least 2 months’ notice in writing if you are using Section This Section 21 Notice Seeking Possession (Wales) is designed for a Landlord to serve on an Assured Shorthold Tenant.
It takes the form of a letter confirming that the Assured Shorthold Tenancy (AST) will come to an end on a date specified in the letter. When and how to serve a Section 21 Notice.
When can a landlord serve a Section 21 Notice? A landlord must give a tenant a minimum of two months' notice, in writing.
Serving a Section 21 Notice can occur at any time after the start of the tenancy but notice cannot end . In your case the first step would be most likely be being served a section 21 notice, as you are not in arrears (with arrears over 8wks its usually a section 8 notice) After the expiry of the notice the landlord would need to apply for a possession order from the court.
A 'Section 21 Notice of Possession' operates under section 21 of the Housing Act , is the legal eviction notice template notice a landlord can give to a tenant to regain possession of a property at the end of an Assured Shorthold Tenancy (AST).
If you are using Section 8 the notice you give must be on a special form entitled Form 3: Notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy.