Landlords’ guide to Gaining Possession under Section 21

Presented by

Simon King

Pickerings Solicitors LLP

24 April 2014

What is Section 21?

Housing Act 1988

Allows Landlords to recover property let on an Assured Shorthold Tenancy after the end of the fixed term

No reason has to be given

Minimum of 2 months notice required

How do I obtain possession under Section 21?

Ensure any deposit is held in an approved Scheme

Serve notice upon the tenant

(If tenant has not moved out) Commence possession proceedings in County Court

Deposit

Pay deposit into government approved Tenancy Deposit Scheme

Within 30 days of receiving the deposit give details of the Scheme to tenant

Failure to do so will prevent possession and could cost you 3 times the deposit

Prepare Notice

[Your address][date]

[Tenant’s name][Address]

Dear [Tenant][Address of rental property]By virtue of S21 Housing Act 1988 I require possession of the above property after [insert date].

Yours sincerely[Landlord]

Serving the S21 Notice

Most tenancies will be for a fixed term, usually 6 or 12 months

If notice is served during the fixed term the 2 month period can expire on any date after the end of the fixed term – but not before

Example

6 month tenancy started 24 January 2014. S21 Notice given on 1 March 2014 would seek possession after 23 July 2014

BUT if S21 Notice not given until 14 June 2014 possession could not be required until after 13 August 2014

Periodic Tenancy

If the fixed term has ended but the tenancy continues it becomes known as a Periodic Tenancy

A Section 21 Notice can still be served BUT it must still give at least 2 months notice and must expire on the last day of a rent period

Example6 month tenancy started 6 October 2012. Rent is due on 6th of every month. Fixed term ended 5 April 2013. Tenant still in occupation paying same rent.

If we served notice today we would seek possession after 5 July 2014

If rent was due every week, because 5 April 2013 was a Friday the periodic tenancy would begin on 6 April 2013 (a Saturday). So a notice served today would seek possession after Friday 27 June 2014

Service of Notice

Serve a copy on each tenant

Deliver by hand or 1st class post

Keep proof of service

If possible get a copy signed and dated

Take a picture of where it was served

Issuing Possession Proceedings

Complete form N5B

Send to local County Court with fee of £280.00

Tenant has 14 days to respond

The ‘Accelerated Procedure’ means a Court hearing often not required.

Tenant usually given 14 or 28 days to leave.

If tenant does not leave, apply to Court for warrant for possession on Form N325 – pay fee of £110.00

Abandonment of the Property

Even if the fixed term has ended or rent is not being paid, never assume the tenant has abandoned the property

If the tenant has not returned the keys and confirmed in writing that they have left – Get a court order

Abandonment of Possessions

What if the tenant has left but possessions are left behind?

You have a duty to secure and store the goods

Abandonment of Possessions

Serve notice on the tenant

Give an opportunity to collect the possessions

Sell the possessions if not collected

Storage and sale costs can be recovered and the balance returned to tenant

If you wish to sell abandoned goods to recover money owed, 3 months notice sent by recorded delivery is required

Q & A

Pickerings Solicitors LLP

Etchell HouseEtchell CourtBonehill Road

TamworthStaffordshire

B78 3HQTel: 01827 317070Fax: 01827 317080

Email: enquiries@pickerings-solicitors.com