A Guide for Landlords
If you’re a landlord looking to regain possession of your property, serving a Section 21 Notice (S21 Notice) to your tenant may be a viable option.
A Section 21 Notice allows a landlord to regain possession without needing to prove the tenant is at fault. However, ensuring that your S21 Notice is valid is crucial, otherwise your claim for possession may be denied by the Courts.
Key requirements for a valid S21 Notice
- Gas Safety Certificates: For tenancies starting after the 1st of October 2015, you are required to serve an annual gas safety certificate on your tenant if your property has gas. Failure to do so could result in your claim for possession being denied by the Courts.
- Valid Energy Performance Certificate: For tenancies starting after the 1st of October 2015, you must serve a valid energy performance certificate on your tenant before a S21 Notice is served. These certificates are valid for 10 years. To check if your EPC is still valid, visit: Find an energy certificate - GOV.UK (www.gov.uk)
- How to Rent Guide: For tenancies starting after the 1st of October 2015, if you have not already provided your tenant with the most up to date How to Rent Guide at the beginning of the tenancy, you must do so before serving a 21 Notice. You can find the latest versions of the guide on the Government’s website here: How to rent - GOV.UK (www.gov.uk)
- Deposit Protection Certificate: If you have taken a deposit from your tenant, it must have been protected within 30 days of receipt. You must have also provided your tenant with a copy of the deposit protection certificate within 30 days of protecting it. If you have failed to comply with these requirements, you must return the deposit before serving a S21 Notice. You may also be liable for a fine payable to the tenant. We would recommend that you seek legal advice on this if you did not comply with the deposit requirements.
- Change of Landlord Notice: If there’s been a change in landlord, you must notify your tenant of this change in writing within two months. Not doing so can result in a fine and can invalidate your S21 Notice. It is therefore recommended to serve a Change of Landlord Notice prior to serving a S21 Notice, even if you have missed the deadline for doing so. There is a prescribed format for this, and therefore we recommend that you seek legal advice to assist.
For tenancies pre-dating 1st October 2015, the requirements are not as strict in respect of 1-3 above. We recommend that a qualified lawyer reviews your paperwork and provides advice before you undertake Proceedings or serving a Notice.
Common mistakes to avoid when drafting a S21 Notice
- Incorrect format: When serving a S21 Notice you must use Form 6a which can be found on the Governments website. Using the wrong form can invalidate your notice.
- Inaccurate information: Ensure that all details, including the tenant’s name and property address are correct. Any spelling errors may invalidate the notice.
- Insufficient notice period: The required notice period for a S21 Notice is two months. Failure to provide your tenant with the enough notice will invalidate your S21 Notice.
- Improper service: You can serve a S21 Notice either by hand, or by using a delivery service such as Royal Mail or a process server. Sending a S21 Notice by email only will invalidate the notice so you must ensure that a hard copy is also sent to your tenant.
- Timing issues: If your S21 Notice expires before the end of a fixed term tenancy then it will be invalid. Ensure that you check the tenancy to see when any fixed term expires to avoid this.
- Six-month validity: After serving a S21 Notice, you will only have six months from the start date of the Notice to initiate Court Proceedings if the tenant has not vacated. Make a note of this deadline to avoid needing to serve a new S21 Notice.
The future of S21 Notices
The Renters’ Reform Bill proposes to abolish S21 Notices. This will significantly change how landlords regain possession of their properties. We advise that landlords keep themselves updated with the developments of this Bill and ensure they are prepared to change their procedures to align with any legislative changes that may arise. Porter Dodson would be happy to advise and assist landlords with this, and any other tenancy-related enquiries.
Specialist Landlord advice
At Porter Dodson we have a dedicated Property Disputes team who specialise in this area of law. If you feel that you would benefit from advice on serving a S21 Notice, or evicting your tenant for other reasons such as rent arrears or anti-social behaviour, please feel free to get in touch with our Property Litigation Department below.