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Understanding Section 21

Understanding Section 21

What is Section 21?

  • A section 21 notice (section 21 of the housing Act 1988) is the notice a landlord can serve upon a tenant to request possession of his/her property. It is dependent on the terms of your tenancy agreement as to whether or not the Section 21 can be served.
  • It is not mandatory that you provide your tenant with a reason for serving a section 21 notice as your request relates to possession only.

When is Section 21 issued?

  • In accordance with the Deregulation Act of 2015 it was mandatory for a prescribed form 6a to be served on tenants with ASTs dated on or after 1st October 2015. This was put in place to protect tenants from retaliatory evictions and it was mandatory that these new guidelines were adhered to. Since 1st October 2018 it is further required that the form 6A is used for all ASTs.
  • In addition to this the Deregulation Act introduced restrictions on when the Section 21 can be served preventing landlords from serving notice within the first four months of the original AST.
  • Once the Form 6A has been served you have six months from the date of issue to begin court proceedings on your tenant/s providing they have failed to vacate your property.

Helpland Ltd provides eviction services to landlords and letting agents throughout England and Wales and is able to offer advice on all aspects of eviction including serving notice to tenants using Section 21.

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