Section 21 – Notice of Possession Order Form
Now you may remember us discussing Section 21 when we outlined how to use Section 8 forms. Well here is a more detailed break down to help you use this form more effectively.
Section 21, itself relates to the ruling whereby all landlords (who have been granted an assured shorthold tenancy) have the legal right to take back their properties at the end of an agreement.
And to do this successfully landlords need to follow the correct legal procedures which include giving their tenants the right period of notice to vacate.
To download a Section 21 form now, simply click here, or keep on reading to find out more.
So what is Section 21?
Believe it or not but there are two types of Section 21 forms, part a, and part b.
Section 21 (a): this section can be used when the tenancy agreement becomes periodic.
Section21 (b): is useful when their tenancy agreement with you is for a fixed term and the contract is not close to being completed (Please Note: this section can only be used if your tenant has legally breached their contract and it can be proved).
Now as you can guess most agreements are fixed term, but a tenancy can become periodic when the agreed term expires. From this point onwards the contract will move from a fixed term into a monthly run basis.
Notice Period: how much do you need to give?
In most cases you can only give a minimum of 2 months notice, and this must be done in writing. But your choice of WHEN you actually give notice is completely up to you.
If you really wanted to you could even give it them on the last day of their agreement. Now in this case, we recommend you don’t do it, as the same rule above still applies. They will have 2 months to vacate – giving them essentially an extension on their current lease.
So if for example your tenant has got less than 2 months left to complete their tenancy - if it is possible - let them finish their agreement naturally, as Section 21 could prove to have the opposite effect on the situation in allowing them to stay longer in your property.
Service of Notice
The way you administer the notice is your choice. You can either choose to serve it them by post or in person.
In the case of using the post, courts will recognise the day of service as the day in which the letter would arrive.
Also if you do choose to send their notice this way, make sure you do it by recorded delivery. That way, it is down on written record that you have sent it and that your tenant should have received it.
Alternatively, if you opt to hand them their notice in person, we recommend you bring a 3rd party with you to witness the hand over. Now this may seem inconvenient, but overall it will prove effective if your tenant ever tries to make out that you did not give them notice.
Filling the form
As with all forms of this kind, all tenants involved should be named. One way to make sure everyone is notified is to send each tenant their own notice form.
Once these are sent, just make sure you request that all your tenants sign them and have a copy sent back to you. By doing so you can increase your case, by proving you have done everything according to protocol.
How to deal with problem tenants
Now traditionally this process is fairly smooth. You issue the Section 21 notice, you give them until its expiry date to vacate and only then move onto possession proceedings.
In most cases you won’t encounter a problem, but there will be times when a tenant will simply refuse to vacate.
In this circumstance you will need to start court possession proceedings, which can be done by filling in the appropriate forms from your nearest court.
Here you will have two form choices, one that is standard and another that will enable you to do an accelerated possession procedure.
Below is a downloadable Section 21 form that you can easily print out should you ever need it.
Section 21 Notice of Possession Order form.
Or alternatively if you are interested in learning more about how to handle tenancy relationships, try first our FREE 2 hour Property Mentor seminar.