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What makes a section 21 notice invalid?

A Section 21 notice may be invalid if:

1. The landlord has not protected the tenant’s deposit in an approved scheme.
2. The property requires a licence but does not have one.
3. The notice is served within the first four months of the tenancy.
4. The landlord has not provided the tenant with an Energy Performance Certificate, Gas Safety Certificate, or the government’s ‘How to Rent’ guide.
5. The notice does not give the tenant at least two months’ notice.
6. The notice is not in the prescribed form (Form 6A).

How should a section 21 notice be served?

A Section 21 notice should be served:

1. In person, with a witness present.
2. By first-class post, allowing extra time for delivery.
3. By email, if the tenancy agreement allows for electronic communication.

It’s advisable to use a method that provides proof of delivery, such as recorded delivery or a process server.

Does a section 21 notice expire?

Yes, a Section 21 notice expires:

1. After 4 months from the date specified in the notice as the date after which possession is required.
2. After 6 months from the date of service if no action has been taken.

How much does a Section 21 Notice cost?

The cost of preparing and serving a Section 21 notice can vary. While the form itself is free, professional legal assistance may incur fees. Our solicitors offers competitive rates for this service, and we can provide a detailed quote upon consultation.

What are rent arrears?

Rent arrears occur when a tenant falls behind on their rent payments. This is a breach of the tenancy agreement and can lead to legal action by the landlord.

How long can you have rent arrears?

There is no set time limit for rent arrears. However, landlords can typically start eviction proceedings once rent is 8 weeks overdue for weekly tenancies or 2 months overdue for monthly tenancies.

What are the consequences of being in rent arrears?

Consequences of rent arrears may include:

1. Damage to credit score
2. Difficulty renting in the future
3. Legal action by the landlord
4. Eviction from the property
5. County Court Judgment (CCJ) against the tenant

How many months in arrears before eviction?

Landlords can usually start eviction proceedings after 2 months of rent arrears. However, they may choose to work with tenants to create a repayment plan before resorting to eviction.

What is an eviction notice?

An eviction notice is a formal document informing a tenant that the landlord intends to regain possession of the property. This can be a Section 21 notice (no-fault eviction) or a Section 8 notice (for specific grounds, including rent arrears).

When should you use an eviction notice?

An eviction notice should be used when:

1. The landlord wishes to regain possession of the property at the end of a fixed-term tenancy (Section 21).
2. The tenant has breached the terms of the tenancy agreement, such as accumulating significant rent arrears (Section 8).
3. The landlord needs to sell the property or move back in themselves.

What should you put in an eviction notice?

An eviction notice should include:

1. Names and addresses of all tenants
2. Address of the rental property
3. Date the notice is served
4. Date by which the tenant must vacate the property
5. Reasons for eviction (if using a Section 8 notice)
6. Any relevant legal information or tenant rights

How should you send an eviction notice?

An eviction notice should be sent:

1. By hand, with a witness present
2. By first-class post, allowing extra time for delivery
3. By email, if the tenancy agreement permits

It’s advisable to use a method that provides proof of delivery.

What is a breach of a tenancy agreement?

A breach of a tenancy agreement occurs when either the landlord or tenant fails to fulfill their obligations as outlined in the agreement.

What is classed as a breach of tenancy agreement?

Common breaches by tenants include:

1. Non-payment or late payment of rent
2. Damage to the property beyond normal wear and tear
3. Subletting without permission
4. Keeping pets without permission
5. Engaging in illegal activities on the premises

Breach of tenancy by landlord.

Landlord breaches may include:

1. Failure to maintain the property in a habitable condition
2. Entering the property without proper notice
3. Harassment or illegal eviction attempts
4. Failure to protect the tenant’s deposit
5. Not providing required safety certificates

Breach of tenancy advice for landlords.

If a tenant breaches the tenancy agreement:

1. Document all evidence of the breach
2. Communicate with the tenant in writing about the issue
3. Provide a reasonable timeframe for the tenant to rectify the situation
4. If unresolved, consider serving a Section 8 notice
5. Seek legal advice before taking any court action

Our solicitors specialises in landlord-tenant law and can provide comprehensive guidance on handling breaches of tenancy agreements. We offer tailored advice to ensure landlords take appropriate and legal actions to protect their interests.