Being a landlord can be a lucrative business, but it also comes with a lot of legal responsibilities. One of the essential forms a landlord needs to know about is the section 21 form. This form is crucial for landlords seeking to regain possession of a rental property that they own. In this guide, we’ll provide everything you need to know about the section 21 form as a landlord.
What is a section 21 form?
A section 21 form is a legal document that enables landlords to end an assured shorthold tenancy (AST) agreement and regain possession of their property. This type of tenancy is the most common rental agreement in the UK, applied to most private renters.
A section 21 form is used when the landlord wishes to regain possession of their property at the end of a tenancy agreement or to evict tenants before the end of their tenancy if they have broken certain conditions. The notice period for a section 21 form is usually two months from the date in which the tenant receives the notice.
When can I serve a section 21 form?
As previously stated, a section 21 form can be served either at the end of tenancy or during the fixed-term tenancy. This form is often referred to as a “no-fault” eviction notice since a landlord does not need to provide a reason for ending the tenancy agreement.
However, in an attempt to strengthen tenant rights, the UK government introduced new rules in 2019. Under these rules, landlords must provide evidence that the tenant’s rights concerning living in a maintained and safe environment have been met. For example, the landlord must provide the tenant with an energy performance certificate (EPC) or a gas safety certificate before serving the section 21 notice.
Additionally, the landlord cannot serve the section 21 notice in the first four months of a newly occupied rental property, nor can they use the form if the tenant has complained about property conditions that the landlord has not addressed.
What happens after I serve the section 21 form?
After receiving the section 21 notice, the tenant must vacate the property by the date specified in the notice. If the tenant doesn’t vacate the property by the specified date, the landlord can pursue legal action through the courts to regain possession of their property.
It is important to note that landlords cannot personally evict tenants by physically removing their belongings from a property or changing the locks. Otherwise, the landlord may be prosecuted for unlawful eviction. Lock-change eviction is a criminal offense punishable by fines and jail sentences.
Furthermore, landlords should know that serving a section 21 notice does not mean they do not need a court order to legally evict a tenant. If the tenant refuses to leave, a court order for possession must be acquired.
What is a section 8 notice?
A section 8 notice is an alternative to the section 21 notice, sometimes used when a tenant has breached a term of the tenancy agreement. It is referred to as a “fault-based” eviction notice. In contrast, the section 21 notice is a “no-fault” eviction notice.
There are different grounds on which a section 8 can be served, ranging from rent arrears to damaging the property to causing significant disturbances. The process of serving a section 8 notice is more complex compared to serving a section 21 notice since the notice must specify the relevant ground relied upon for the eviction.
If the tenant does not leave the property after the specified date on the section 8 notice, the landlord will be required to obtain a possession order from a court.
Final thoughts
Landlords must understand the legal complexities surrounding rental agreements and eviction notices. In this guide, we have provided an overview of the section 21 form, its purpose, when it can be served, and what to expect after serving it to the tenant.
If you are a landlord and need to serve the section 21 form, ensure that you follow all legal procedures. By understanding your obligations and tenant rights, you will be able to protect yourself and your property effectively.