As a landlord, it is important to understand the legal implications of Section 21 of the Housing Act 1988. This section of the Act outlines the process for landlords to end a tenancy agreement and regain possession of their property. In this article, we will provide an overview of Section 21 and explain how it works.
Section 21 is a type of ‘no fault’ eviction, meaning that the landlord does not need to provide a reason for wanting to end the tenancy agreement. However, there are certain conditions that must be met in order for the landlord to be able to use this type of eviction.
The first condition is that the tenancy must be an Assured Shorthold Tenancy (AST). This is the most common type of tenancy agreement in England and Wales and is usually used when a tenant rents a property from a private landlord.
The second condition is that the landlord must have given the tenant at least two months’ notice in writing. This notice must include certain information, such as the date on which the tenancy will end and the landlord’s name and address. The notice must also be served in accordance with the rules set out in Section 21 of the Housing Act 1988.
The third condition is that the tenancy must have been running for at least six months. This means that if the tenancy has been running for less than six months, then Section 21 cannot be used to end it.
Once these conditions have been met, the landlord can serve a Section 21 notice on the tenant. This notice must give the tenant at least two months’ notice before they are required to leave the property. The tenant does not have to leave on the date specified in the notice, but if they do not leave by that date then the landlord can apply to the court for a possession order.
It is important to note that Section 21 does not apply to all types of tenancies. For example, it does not apply to assured tenancies or protected tenancies. In these cases, the landlord must use other methods to end the tenancy agreement.
In conclusion, Section 21 is a useful tool for landlords who want to regain possession of their property. However, it is important to understand the conditions that must be met in order for it to be used. If these conditions are not met, then other methods must be used to end the tenancy agreement.