Stay Legal – What You Need To know!
A Notice of Possession is required before evicting a tenant or possession of a property can be obtained. The precise notice which can be used depends on many things, such as how the tenancy was set up, whether the tenancy is still within the fixed term period and many other reasons. The Section 21 is a powerful document for the landlord as it guarantees* possession. You must give the tenant at least two months notice but providing you do, and providing the notice was issued correctly and served correctly, a possession order will be granted.
There are many reasons why a landlord may wish to gain possession of their property; whether the tenant has breached the terms of the tenancy, such as delaying or missing rent payments, or the landlord simply wishes to have their property returned to them, the first thing which must happen, is for the tenant to be put on notice and this is what we refer to as serving the notice of possession.
The Section 21 Notice is one of the two notices prescribed by law which must be served on a tenant to terminate the tenancy, the other being the Section 8 Notice, you simply cannot walk into a property and ask the tenants to leave, that would be breaking the law and dangerous and costly thing to do, landlords have been fined thousands of pounds for doing this.
Despite the fact that tenant may have breached the terms of the tenancy, (for example by missing on delaying their rent), many landlords and letting agents prefer to issue a Section 21 Notice for gaining possession of their property rather than issuing a Section 8 Notice, which in fact, maybe more appropriate to the circumstances and this is because the Section 21 Notice is considered to be less problematic.
Whilst this can be true in some circumstances, the Section 21 Notice does not come without its own complications. Since its inception, there have always been rules governing the issuing of a Section 21 Notice, and as the Private Rental Sector has grown, these rules have been added to. Today, a Section 21 Notice must be compliant in all aspects for it to be enforceable, if it isn’t compliant, then the notice will not be worth the paper it’s written on!