Landlords guide to Gaining Possession under Section 21

Landlords’ guide to Gaining Possession under Section 21 Presented by Simon King Pickerings Solicitors LLP 16 October 2013

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 x the deposit

Prepare Notice [Your address] [date] [Tenant’s name] [Address] Dear [Tenant] [Address of rental property] By virtue of S 21 Housing Act 1988 I require possession of the above property after [insert date]. Yours sincerely [Landlord]

Serving the S 21 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 2013. S 21 Notice given on 1 March 2013 would seek possession after 23 July 2013 BUT if S 21 Notice not given until 14 June 2013 possession could not be required until after 13 August 2013

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

Example 6 month tenancy started 3 October 2012. Rent is due every month. Fixed term ended 2 April. Tenant still in occupation paying same rent. If we served notice today we would seek possession after 2 January 2014 If rent was due every week, because 2 March 2013 was a Saturday the periodic tenancy would begin on 3 March 2013 (a Sunday). So our notice served today would seek possession after Saturday 21 December

Service of Notice Serve a copy on each tenant Deliver by hand or 1 st 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 N 5 B Send to local County Court with fee of £ 175. 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 N 325 – 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 money is owed, 3 months notice sent by recorded delivery is required

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