As a landlord, it is important to understand the rules and regulations that come with serving Section 8 and Section 21 notices. These are two of the most common types of notices used by landlords to regain possession of their property.
Section 8 and Section 21 notices are both served to tenants, but they are used in different situations. Section 8 is used when a tenant is in breach of their tenancy agreement, while Section 21 is used when a landlord wants to regain possession of their property without giving a specific reason.
In this article, we will discuss the rules and regulations surrounding the serving of Section 8 and Section 21 notices, including when they can be used, how they should be served, and the procedures that need to be followed.
Section 8 Notices
A Section 8 notice is served when a tenant has breached their tenancy agreement. This can be for a variety of reasons, including rent arrears, damage to the property, or antisocial behavior.
Before serving a Section 8 notice, a landlord must have grounds for possession. These are set out in Schedule 2 of the Housing Act 1988 and include:
- Rent arrears of at least two months
- Breach of tenancy agreement terms
- Damage to the property
- Antisocial behaviour
- Subletting without permission
- The tenant is in breach of immigration laws
- The landlord intends to sell the property
Once a landlord has grounds for possession, they must serve the tenant with a Section 8 notice. The notice must include:
- The grounds for possession
- The date the notice is served
- The date the notice expires
- A statement informing the tenant of their rights to seek legal advice
The notice must be served in writing, either by post or by hand. If the notice is served by post, the landlord must allow two extra days for delivery.
After the notice has been served, the tenant has two options. They can either vacate the property before the notice expires, or they can defend the notice in court. If the tenant defends the notice, a court hearing will be held, and the judge will make a decision based on the evidence presented.
If the court grants possession to the landlord, they must then apply to the court for a warrant of possession. This allows them to use bailiffs to evict the tenant if they refuse to leave the property.
Section 21 Notices
A Section 21 notice is served when a landlord wants to regain possession of their property without giving a specific reason. This can be for a variety of reasons, including the landlord wanting to sell the property, move back in themselves, or let the property to someone else.
Before serving a Section 21 notice, the landlord must ensure that they have complied with their legal obligations. This includes ensuring that:
- The tenant's deposit has been protected in a government-approved scheme
- The tenant has been given a copy of the How to Rent guide
- The property meets the required safety standards, including gas and electrical safety certificates
Once the landlord has complied with these obligations, they can serve the tenant with a Section 21 notice. The notice must be in writing and must include:
- The date the notice is served
- The date the notice expires
- A statement informing the tenant of their rights to seek legal advice
The notice must be served in writing, either by post or by hand. If the notice is served by post, the landlord must allow two extra days for delivery.
After the notice has been served, the tenant has two options. They can either vacate the property before the notice expires, or they can defend the notice in court.
As mentioned earlier, before a landlord can serve a Section 21 notice, they must ensure that they have complied with their legal obligations. One of these obligations is to protect the tenant's deposit in a government-approved scheme. Failure to do so can result in serious consequences for the landlord.
If a landlord fails to protect the tenant's deposit, the tenant can apply to the court for compensation of up to three times the amount of the deposit. This can be a significant amount of money, especially for landlords who have multiple properties and tenants.
In addition to protecting the tenant's deposit, landlords are also required to ensure that their property meets certain safety standards. This includes obtaining gas safety and electrical safety certificates, as well as ensuring that any furniture provided on the property is fire-resistant and meets safety standards.
Gas safety certificates must be obtained annually and show that all gas appliances and fittings in the property have been checked and are safe to use. Failure to obtain a gas safety certificate can result in fines or imprisonment.
Electrical safety certificates, also known as EICRs, must be obtained every five years or when there is a change of tenant. The certificate shows that all electrical installations and fittings in the property have been checked and are safe to use. Failure to obtain an EICR can also result in fines or imprisonment.
In addition to these safety standards, landlords must also ensure that their property meets the minimum energy efficiency standards (MEES). From April 1st, 2020, all new tenancies must have an Energy Performance Certificate (EPC) rating of at least E. From April 1st, 2022, all existing tenancies must meet the MEES requirements.
Failure to comply with these safety standards can result in fines, legal action, or even imprisonment. In addition, failure to comply with these standards can also result in difficulties when serving Section 21 notices. If a landlord has not complied with their legal obligations, the court may refuse to grant possession or delay the possession proceedings.
It is essential for landlords to comply with their legal obligations to protect themselves from legal and financial consequences. Landlords should keep records of all safety certificates and documents, including proof of deposit protection, to ensure that they are compliant with the law.
In conclusion, serving Section 8 and Section 21 notices require landlords to comply with legal obligations and follow specific procedures. Failure to comply with these obligations can result in serious consequences for landlords, including fines, legal action, or imprisonment. Therefore, it is essential for landlords to understand and comply with their legal obligations to protect themselves and their properties.