To be able to serve the “faultless” notice, a landlord must establish that the Section 21 procedure can be used, and that prescribed information has been served on the tenant.
This procedure is often preferable as it is generally speedier and less expensive as the Court is obliged to make a possession order without the need of proving a ground i.e. rent arrears.
Can you use the Section 21 procedure?
- A Section 21 Notice can only be served to coincide with the expiry of the fixed term of the tenancy or after the contractual fixed term.
- This cannot be used to obtain possession earlier that 6 month after the commencement of the tenancy.
Pre-conditions
A Section 21 will only be valid where:
- The deposit must be held in an authorised scheme and prescribed information has been given to the tenant, if applicable.
- A Section 21 notice cannot be served, if the property is an unlicensed House in Multiple Occupation or situated within a district designated by the local housing authority for selective licensing but does not have a licence, if applicable.
- Both the Energy Performance Certificate and Gas Safety Certificate have been served on the tenant.
- The Government’s “How to Rent” form has been served on the tenant.
- The landlord is not in breach of the Tenant Fees Act 2019.
It is always advisable that you check to see whether you can use the Section 21 procedure and, if so, is there anything that will invalidate your notice.
In the event that you fail to carry out your homework, you could get to Court based on an invalid Notice and have no chance of getting a possession order.
If you would like more information, then please contact sel@dawson-hart.co.uk.