Section 21 notice seems to be a simple document, however, there is a lot to check before a landlord decides to serve this notice.
I like to take a Landlord of a property that does not require a licence is let on simple Assured Shorthold tenancy made in England that is currently in fixed term.
This example assumed that the tenancy is commenced after 01 October 2015. For tenancies before this date, compliance may be different.
Landlord is seeking possession and likes to serve a Section 21. To serve the notice, l 4 months plus a day should have passed since the original tenancy began.
Check if the tenant paid a tenancy deposit? Was the deposit protected within 30 days? Is the deposit being held in accordance with the scheme rules (including for example if any renewal fees are payable by the landlord for an insured scheme)? Has full, complete and signed prescribed information been given to the tenant(s) and relevant person (if any)?
Landlord has NO pending improvement or emergency remedial action notice under HHSRS been served by a local authority WITHIN THE LAST SIX MONTHS plus one day.
The tenant has NOT made any request for a repair in writing that has NOT been completed or adequately replied to within 14 days?
Further, the property requires an Energy Performance Certificate (EPC) and the tenant received a copy.
Landlord confirms that there one or more gas appliance at the property and the tenant received a copy of the gas safety record BEFORE OCCUPATION and have they received ANY SUBSEQUENT gas safety record.
The tenant received the How to Rent Guide at the start of the tenancy (or any later edition of the guide)?
Also the LANDLORD has not received any prohibited payment.
This is becoming a mine field to try and serve a notice on the tenant and to keep up with all the compliance and formalities that are needed to be done.
Having verified above, the landlord is can complete the section 21 notice, the date of expiry must be at least two months in length from when you serve plus 4 days for service. The notice must not expire before the last day of the fixed term.
There is no requirement to expire the notice on any particular day so it can simply be two months plus four days in length regardless of what day you serve (as long as it doesn't expire before the fixed term ends).
We at Spectra take all steps to ensure that with over 160 regulations to navigate , we ensure our landlords enjoy peace of mind. We notify our landlord regularly appraising them of the changes in regulation and how we can help them comply with the changes in regulations.
Feel free to contact us on 0121 444 5252 if you have any issues with your tenancy or like to have free consultation on your tenancy.
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