Serving a section 21 - all you need to know
As a landlord, you wish to end a tenancy? Well there’s just a few items to get in order.
Firstly, make sure you get the rent due dates correct. You must serve at least 2 months’ notice and in some cases notice starts from the next rent due date. Secondly make sure that when notice is served, it is either witnessed or signed by the tenant. Next, to ensure its validity, make sure you have the deposit protected correctly and that the right prescribed information has been issued. Once all this is done, your ducks are in a row and your tenant will hopefully find a suitable new home.
But what if a tenant doesn’t leave on the end date? Well its easy, you simply apply to a court for a possession order. But beware, before you do that make sure you have also covered the other items required by law, or the court may refuse the application. These are gas safety certificates, evidence that a tenant has been given the right to rent guide and that you have conducted the “right to rent checks”. Also, if it happens to fall into a selective licencing area, you need to make sure your licence is valid and up to date. Lastly, you need to ensure that the tenant doesn’t have the ability to contest the section 21 on the grounds of “revenge eviction”. This generally applies to any landlord who decides to evict a tenant on the basis they aren’t prepared to fulfil their landlord repair obligations.
Looking back on this huge checklist, I am mindful of how many extra hurdles we must overcome since we began doing property management 10 years ago. I am also reminded why all tenant notices are dealt with by Boys and Maughan solicitors (free of charge to our clients) on all our managed units.
My Advice? The legislation is cumbersome and ever changing. Use an expert. They will protect you and will save you money in the long term. It only takes one small slip up by a landlord on any of this legislation to mean you restart the process over again. And of course, it could cost you 2 months’ rent in the process!
Category: Serving a section 21 - all you need to know
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