If you are a landlord looking to regain possession of your property from tenants, you may be wondering when you can issue a Section 21 notice Section 21 of the Housing Act 1988 provides a procedure for landlords to end an assured shorthold tenancy (AST) without having to establish any grounds for possession However, there are certain requirements that must be met before a Section 21 notice can be issued.
First and foremost, it is important to note that a Section 21 notice cannot be issued during the fixed term of the tenancy This means that you cannot serve a Section 21 notice within the first four months of the tenancy, even if the fixed term is longer than six months Once the fixed term has expired and the tenancy has become a periodic tenancy, you are then able to issue a Section 21 notice.
Another requirement for issuing a Section 21 notice is that you must provide your tenants with a valid Energy Performance Certificate (EPC), a gas safety certificate, and the government’s “How to Rent” guide at the start of the tenancy Failure to provide these documents could render any Section 21 notice invalid.
In addition, if you are operating under a local authority licensing scheme, you must also ensure that you are compliant with any licensing requirements before issuing a Section 21 notice Failure to comply with the licensing requirements could result in your Section 21 notice being deemed invalid by the court.
Furthermore, it is important to note that certain types of tenancies are exempt from Section 21 notices For example, if your property is subject to an HMO (House in Multiple Occupation) license, you will not be able to use a Section 21 notice to evict your tenants Similarly, if your property is let as social housing or under a company let, a Section 21 notice may not be applicable.
If you are looking to issue a Section 21 notice, it is crucial that you follow the correct procedure when can i issue a section 21. This includes providing your tenants with at least two months’ notice in writing before the date on which you want them to vacate the property It is also important to ensure that the notice is served correctly, either by hand delivery or by post.
It is worth noting that the timeline for issuing a Section 21 notice can be affected by recent changes in legislation For example, under the Tenant Fees Act 2019, you are no longer able to serve a Section 21 notice if you have charged your tenants prohibited fees This means that if you have charged your tenants fees that are now considered illegal, you may not be able to use a Section 21 notice to evict them.
In addition, if you have not protected your tenants’ deposit in a government-approved scheme within 30 days of receiving it, you will not be able to issue a valid Section 21 notice This is a legal requirement that landlords must adhere to in order to use a Section 21 notice.
Overall, there are several key considerations to keep in mind when determining when you can issue a Section 21 notice From ensuring that the tenancy has become a periodic tenancy to providing the necessary documentation and following the correct procedure, there are a number of requirements that must be met in order to successfully issue a Section 21 notice By staying informed and acting in accordance with the law, landlords can navigate the process of issuing a Section 21 notice with confidence.