Consequences and how to check if a section 21 notice is a valid one.
Section 21 consequences: Section 21 notice is also known as ‘notice to quit’ served by a landlord to a tenant. If the tenant does not leave by the expiry date on the Section 21 notice the landlord will apply to the court for a possession order. The court will have no choice but to grant the possession order. After the court has issued the tenant with the notice to leave, if they have still have not left within the required period, then a landlord can ask county court bailiffs to evict the tenant.
You can stop/delay a section 21 eviction if the notice your landlord gives you is invalid. The landlord cannot proceed with the eviction and must serve another one. The new notice will restart the timer, giving the tenant more time.
This blog will focus on how to check if Section 21 notice received is valid. The blog only covers tenancies started or renewed after 1st October 2015
In order for section 21 notice to be valid, a landlord must:
Checking the form and dates.
- Wait for at least 4 months after the start of original tenancy.
- Use form 6A.
- Must give at least 2 months’ notice.
- Must get the dates and your correspondence address right.
Checking if your Landlord gave you right documents about the property
Section 21 notice is invalid if it is served before your landlord gives you:
- A valid Energy performance certificate for your rental property.
- Copy of your home’s current Gas Safety Certificate.
- Latest version of the leaflet: ‘How to rent: The checklist for renting in England’
Find out if your Deposit is protected
Section 21 notice is invalid if:
- Your deposit was not protected in Government approved scheme or it was protected 30 days after you paid it.
- You did not receive required information about tenancy deposit protection scheme used.
Find out if council has ordered your landlord do the repairs:
Section 21 notice may be invalid if you complained to your landlord in writing to undertake necessary repairs relating to the condition of your property. You followed it up with a written complaint to your council. Council then served an ‘improvement notice’ or an ‘emergency works notice’ to your Landlord to carry out necessary repairs.
A landlord cannot serve a section 21 notice within 6 months of receiving this notice. Eviction after your complaint about repairs or poor housing conditions is called revenge eviction
This provision is only available for tenancies started or renewed after 1st October 2015 with the aim of preventing revenge evictions. Only tenants who follow the process listed above benefit from this law.
Find out if your Landlord needs a license to be a Landlord:
Many landlords renting out houses of multiple occupation, such as bedsits, B&B, large houses need license. Some councils need all private landlords to be licensed.
Your council will be able to tell you if your landlord needs license to rent a property and if they have one. A landlord who does not have license cannot serve a valid section 21 notice.
Hope this blog somewhat improved your understanding about Section 21 eviction notice.
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