If you are a landlord in the UK, you may be familiar with section 21 forms. These forms are an essential tool for landlords looking to gain possession of their property from tenants. In this article, we will explore what section 21 forms are, how they work, and what you need to know as a landlord.
section 21 forms are used by landlords in England to evict tenants under the Housing Act 1988. This is the most common way for landlords to gain possession of their property from tenants who are on assured shorthold tenancies. These forms allow landlords to evict tenants without having to give a reason, as long as they follow the correct legal procedures.
There are two types of Section 21 forms that landlords can use: Form 6A and Form 4. Form 6A is used for new tenancies that started on or after October 1, 2015, while Form 4 is used for older tenancies that started before this date. It is important for landlords to use the correct form for their specific situation, as using the wrong form could result in the eviction being invalid.
In order to serve a Section 21 notice on a tenant, landlords must follow certain procedures. Firstly, the tenant must have been given a copy of the property’s Energy Performance Certificate, a current gas safety certificate, and the government’s ‘How to Rent’ guide. Landlords must also ensure that the tenant’s deposit has been protected in a government-approved scheme.
Once these requirements have been met, landlords can serve the Section 21 notice on their tenant. This notice must give the tenant at least two months’ notice to vacate the property. Landlords must also ensure that the notice is served correctly, either by hand or through the post. It is important to keep proof of service in case the eviction is challenged in court.
If the tenant does not leave the property by the end of the notice period, landlords can apply to the court for a possession order. This will be granted as long as the correct procedures have been followed and the tenancy agreement is valid. Once the possession order has been granted, landlords can apply for a warrant of possession, which allows bailiffs to physically remove the tenant from the property if they still refuse to leave.
It is worth noting that there are certain circumstances in which landlords cannot use a Section 21 notice to evict a tenant. For example, landlords cannot serve a Section 21 notice if the property is in disrepair and the landlord has not taken steps to rectify the issues. Landlords also cannot evict a tenant using a Section 21 notice if the tenant has made a complaint about the condition of the property that has not been addressed.
In recent years, there have been changes to the rules surrounding Section 21 forms. In 2019, the government announced plans to abolish Section 21 evictions in order to provide greater security for tenants. This proposal was met with mixed reactions from landlords, who argued that they needed the flexibility to regain possession of their properties quickly and efficiently.
In conclusion, Section 21 forms are an important tool for landlords looking to regain possession of their property from tenants. By following the correct procedures and using the appropriate form, landlords can evict tenants without having to give a reason. However, it is important for landlords to be aware of the legal requirements surrounding Section 21 forms in order to ensure that the eviction is valid and legally enforceable.