SECTION 21 NOTICE
A section 21 notice is used to terminate an assured shorthold tenancy agreement and the landlord is not required to provide any reason for serving such notice.
The section 21 notice must provide a minimum notice period of 2 months before court action may begin in the event the tenant fails to vacate the premises in accordance with the notice served.
There are two types of section 21 notices, section 21 (1) (b) and section 21 (4) (a) though there is not a prescribed form of section 21 notice which essentially combines both types of previous notices into one notice.
By regulation imposed under the Deregulation Act 2015 there are new requirements to meet before a valid section 21 notice may be served albeit such regulations apply to a tenancy commencing on or after 1 October 2015. Such regulation also confirms that from 3 years beginning on 1 October 2015 the new requirements will apply to all tenancy’s whether they started before, on or after 1 October 2015.
Form serving an EPC (energy performance certificate) to restrictions on serving a section 21 notice deemed as a ‘retaliatory eviction’ there is far more to now consider before serving the section 21 notice.
Unless the tenancy agreement is a verbal agreement, the landlord may use the accelerated procedure when applying to a county court which is an ex-parte applcaiton meaning neither the claimant (landlord) or defendant (tenant) would need to attend court unless the court listed the matter for a hearing. A court would usually list an accelerated possession claim for a hearing where the tenant has defended the matter or there judge presiding over the case raises an issue though rare.
The section 21 ground for possession is a mandatory ground and accordingly a court must award the landlord possession of the let premises, subject the notice relied upon being valid and correct procedure adhered to.
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Can I evict the tenant if I lost my agreement?
Yes you can still evict your tenant in the absence of a written tenancy agreement, we will assess the arrangements between the parties to determine the type of tenancy in order to serve the correct notice, the tenancy will likely be the default tenancy agreement which is an Assured Shorthold Tenancy Agreement.
I live abroad, can you still handle my case?
Yes, we deal with many overseas landlords and gain possession of their property in their absence and keep them up to date, we can even secure the property for you after the eviction.
How can you guarantee an eviction?
Our expertise and knowledge in property law allows us to guarantee landlords or agent an eviction. In rare cases we have advised a guarantees eviction service cannot be provided, when assessing cases we advice our clients of any issues and the possible impact on their claim although this is rare.
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