As a landlord, it is important to be familiar with various legal documents and procedures that govern the relationship between you and your tenants. One such document that is crucial for landlords in the UK is the Section 21 Form, which is commonly used to serve notice to tenants in order to gain possession of a property.
What is a Section 21 Form?
A Section 21 Form is a legal document used by landlords in England to evict tenants under an Assured Shorthold Tenancy (AST) agreement. This form is often referred to as a “no-fault eviction” because landlords do not need to provide a reason for seeking possession of the property.
When can a Section 21 Form be used?
Landlords can use a Section 21 Form to evict a tenant after the fixed term of the tenancy agreement has ended or during a periodic tenancy. The fixed term is typically six to twelve months, after which the tenancy becomes a rolling periodic tenancy.
In order to serve a Section 21 Form, landlords must provide tenants with at least two months’ notice, known as a “Section 21 Notice.” This notice must be in writing and comply with certain legal requirements in order to be valid.
It is important to note that landlords cannot use a Section 21 Form if the property is not in a habitable condition or if tenants have reported disrepair issues that have not been addressed. In such cases, tenants may have grounds to challenge the eviction notice.
How to serve a Section 21 Form
In order to serve a Section 21 Form correctly, landlords must ensure that they have complied with all legal requirements. This includes providing tenants with a valid gas safety certificate, an Energy Performance Certificate (EPC), and a copy of the government’s “How to Rent” guide.
Landlords must also have protected the tenant’s deposit in a government-approved scheme and provided tenants with the prescribed information within 30 days of receiving the deposit.
Once all these requirements have been met, landlords can serve the Section 21 Form by sending it to the tenant by post or delivering it by hand. It is advisable to keep a record of when and how the notice was served in case any disputes arise later on.
Challenges to section 21 forms
In recent years, there have been calls to abolish section 21 forms due to concerns about their impact on tenants’ rights. Critics argue that no-fault evictions can leave tenants vulnerable to being unfairly evicted without proper reason.
In response to these concerns, the UK government has introduced new legislation aimed at reforming the private rental sector. The Renters’ Reform Bill, which is currently being considered by Parliament, includes provisions to abolish section 21 forms and introduce open-ended tenancies with more protections for tenants.
However, until any changes to the law are implemented, landlords must continue to follow the existing procedures for serving Section 21 Forms in order to gain possession of their property.
Final thoughts
Section 21 Forms are an essential tool for landlords seeking to regain possession of their property under an AST agreement. By following the correct procedures and ensuring that all legal requirements are met, landlords can use Section 21 Forms effectively and lawfully.
It is important for landlords to stay informed about any changes to the law that may affect the use of Section 21 Forms in order to avoid any potential legal issues. By staying up-to-date with the latest regulations and requirements, landlords can protect their interests while also respecting the rights of their tenants.