Legal Notices: Section 21

What is a Section 21?

Evicting tenants can seem a lengthy process and, if not done correctly, can cause potential problems for you and your rental income. 

Welcome to Connect UK’s ‘Landlord Academy’ – here to answer all your property questions.

So, let’s find out how and when we can legally serve our tenants a section 21, a notice seeking possession of the property.

Tenants in a fixed term contract:

  • Tenants cannot, legally, be served notice before a six-month period.
  • Tenants in a fixed term AST may only be served notice 2 months prior to their tenancy end date.
  • All sections 21’s must be served to every tenant listed on the AST and must be posted as ‘signed for’ delivery.
  • You can post section 21 a couple of days PRIOR to the 2 months to allow for the notice to arrive safely and securely.

If the tenants are on a periodic, rolling contract then the two months’ notice can be served at any time.

A Section 21 notice will NOT stand if any of the next few points are true.

  • The tenants deposit isn’t protected
  • The tenant hasn’t been provided with a Gas Safety Certificate, how to rent guide or EPC at the point of signing the tenancy agreement.
  • If you have overcharged for a fee or tenancy deposit
  • If you’re renting out your HMO unlicensed
  • If the council has issued an ‘improvement notice’ or an ‘emergency works notice.’

A section 21 will include the date of the notice served and the date of expiry which is the date the tenant must leave the property. The tenants are still responsible for the property until the moving out date.

This notice must be signed by the managing agent or landlord who should retain a copy for themselves.

Find out what to do next if your tenants haven’t left your property once their notice has expired in another of our Landlord Academy videos and remember to subscribe to our channel to become a property landlord expert!

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