Section 21 Notice Service

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    Landlords are within their rights to choose between a section 21 and a section 8 notice when alerting a tenant of their intention to take possession of a property. Section 21 notices, however – which allows the landlord to avoid naming the issue causing the dispute – is often used for breaches of the tenancy agreement other than rental arrears.

    What is a section 21 notice?

    In England and Wales, a section 21 notice is a legal document a landlord must provide their tenant in order to begin the process to take possession of a property which has been let on an assured shorthold tenancy when they do not wish to provide a reason for taking possession.

    The expiry of a section 21 notice does not bring a tenancy to an end, however, the tenancy is only ended when a landlord obtains an order for possession from a court before having that order executed by a High Court enforcement officer or by a County Court bailiff.

    Do I need to issue a section 8 notice?

    There is a legal requirement for a landlord to issue a section 21 (or 8) notice if they are looking to retake possession of their property following one or more breaches of a tenancy agreement. Although the letter itself can be enough to push a tenant to return to living within the terms of their tenancy agreement, the section 21 notice, as it doesn’t provide a reason behind the decision, is not generally used in situations where a resolution is expected.

    However, if matters need to be taken further – to court – a section 21 notice will serve to illustrate that the landlord has followed best practice when seeking to retake possession of the property.

    What are the main benefits of a legal letter at this stage?

    A section 21 notice can sometimes lead directly to a resolution, but as mentioned, the lack of a stated reason for the decision will often indicate that such an outcome is unlikely; however, serving a section 21 notice provides evidence of a landlord acting in good faith and offers a fair warning to tenants that possession is being sought.

    What we can do

    Wirral Homes always ensures our landlords are acting legally and fairly as this is in the best interests of all parties. As such, our in-house legal team will draft all necessary legal documents – such as the section 21 notice – in order to fulfil a landlord’s legal obligations. For more information on this or any of our other legal services, Contact Us today!

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