Section 21 Eviction Notice

Landlords looking to remove their tenants from their rental dwelling need to begin the process by serving their tenant with a notice requesting repossession because this is a mandatory requirement. There are two principal routes that are available to landlords applicable to different circumstances and these are section 8 and section 21 notices. As always with these types of legal issues, when serving a repossession notice remember that any court will need to check that the proper actions have been taken, therefore it is vital that things are done to the letter of the law.

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Serving a Section 21 Eviction Notice

When a landlord seeks to quickly regain custody of their rental property they should use a Section 21 Eviction Notice. These types of notices are the quickest route for repossession of the property and are key to the accelerated possession procedure. Landlords should be aware that if they employ section 21 repossession rights, then the court will not issue any orders for outstanding rent owed, meaning landlords must pursue outstanding rent via another route.

Many landlords opt to recover possession using the section 21 entitlement because they need to have other tenants in paying the rent as a matter of urgency. Landlords often need to get their defaulting tenants out ASAP as they too can suffer their own financial difficulties if they do not start to receive income to pay off mortgages and other such property running costs.

Ensuring the Section 21 Eviction Notice is Enforceable

The landlord can send the notice by post, if possible by recorded delivery. This is a good idea because then a tenant cannot claim that they never got it.

landlord can alternatively deliver the notice by hand alongside an independent witness. The notice itself must declare the date by which a landlord expects their tenant to leave the property, and this date needs to come after or at the conclusion of the agreed fixed tenancy. Any date given must also be a minimum 2 months from the day on which the notice is served on the tenant, providing them up until that date to get out of the rental property.

ne of the most frequent reasons a notice citing section 21 is thrown out is where a landlord has put an incorrect date in a section 21 sub-section 4a notice.

If after this the current tenants will not vacate the rental dwelling then the landlord may ask a court for an eviction warrant. A landlord may then also reclaim back from the tenant any expenses arising from the court action.

Avoiding Other Repossession Pitfalls

A couple of other legal pitfalls that can mean that a served section 21 eviction notice is unenforceable are when;

• A landlord issues a section 21 notice on a rental property which should have been licensed as a House in Multiple Occupation.

• A landlord issues a section 21 notice after a tenancy deposit has been provided by the tenant to them or their agent but this has not been put in an accredited tenancy deposit scheme.