Section 21 1 B Notice

Following the guidelines of the 1988 Housing Act, as long as a landlord sticks to the correct legal processes, any landlord with an assured shorthold tenancy (AST) will have the legal privilege to claim their rental property back at the termination of the tenancy. Section 21 within the 1988 Housing Act is separated into sub-sections given rise to different processes, reliant on whether the eviction notice is served before the culmination of the fixed term or following on from this, when the tenancy has converted into a periodic tenancy.

This means there are two kinds of eviction notices related to section 21. One notice, the Section 21 1 b Notice, is formatted solely for notices sent out prior to the expiration of the fixed term. Another kind is for serving during a periodic tenancy. In each situation, sensible landlords should take advantage of an explicitly drawn up section 21 notice form to safeguard that the form is filled out appropriately, that no details or other information has been passed over and is therefore legally enforceable.

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Section 21 1 B Notice

Although it may be served on a tenant during the initial 6 months of an AST, any actual eviction using a Section 21 1 b notice cannot be sought. Section 21 of the 1988 Act, states that the landlord must provide no less than 2 months written notice that they want to regain custody of their property.

upplementary time should always be built-in if the Section 21 1 b Notice is to be mailed out, as the 2 months period does not commence until the tenant is in receipt of the notice. In view of this, it is prudent to send out any eviction notices by recorded delivery, giving three days for the actual delivery.

Before serving the Section 21 1 b Notice, landlords must ensure that the notice has been served once any deposit has been protected, the correct information provided and any prerequisites for HMO registration have been dealt with. According to the law, landlords may not serve an eviction notice if a tenancy deposit has been provided to the landlord but has not been safeguarded in a tenancy deposit scheme authorised by the government.
Tenants must leave the rental property at the expiration of this notice period.

Section 21 1 B Notice

A landlord may apply to a court for a possession order to be granted if they then find that the tenants refuse to leave the property. If this is approved, then the tenants are required to get out by the date detailed on the court issued possession order. Should the tenants still not vacate, then a landlord may ask the court to grant an eviction warrant. Following this the court will arrange for bailiffs to perform the actual eviction. Should this occur then a landlord can also reclaim court costs from the tenant.

A final point, landlords wishing to recover any outstanding rent and repossession of a rental property , should seek possession by serving a notice citing a ground covered by section 8 of the Housing Act.