It is vital that landlords are confident they can quickly and easily get their property back in legitimate circumstances. I often get asked by landlords, ‘Can’t I just serve a Section 21 on the tenant?’
If only it was that easy!
Understanding a Section 21 is imperative when it comes to running your property business and managing your tenants.
Rather than starting with the end in mind, concentrating on what you have to do at the beginning of the tenancy will save all the hassle and ensure the validity of the Section 21. This involves serving the tenant with a number of documents, and serving them correctly.
The key points of a Section 21 are:
- it must be in writing
- the notice period is a minimum of 2 months
- the notice can be served at any time during the tenancy after the first four months up to and including the last day of the fixed term, so the notice can expire after the last day of the fixed term
- the notice can not expire before the end of the fixed term
- the notice should warn the tenant that a court order is needed to enforce possession
In addition to the above, there are now time limits on using the Section 21 notice to apply to court after it has been served. If your tenant pays rent weekly, fortnightly, 4 weekly or monthly, and you have served the Section 21 notice in the fixed term or have a periodic tenancy, you have 6 months from the date of service to begin court proceedings. So acting quick once the Section 21 has expired is crucial.
I am sure you are aware attention to detail is vital in this area, as well as expertise. I know this stuff is complex, but if you want to keep it simple, just communicate with your tenant.
What tenancy challenges are you having at the moment?
How are you currently handling these matters?
Not going the way you want it to?
Have a chat with Habitat!