Section 21

New Legislation

New rules, as part of The Deregulation Act, were introduced on 1 October 2015, this Act added steps to the process of possession by Section 21.

The Act states that in all cases of possession, for a Section 21 to be valid, the landlord must have provided the tenant with copies of the following documents at the outset of the tenancy:

• The EPC (Energy Performance Certificate, this can be found on the “EPC Register” online if there is one).
• A valid gas safety certificate, if there is gas in the property.
• The most up to date version of The Department for Communities and Local Government’s publication “How to rent: the checklist for renting in England” (this can be found on the .Gov website online).

You cannot serve a section 21 within the first 4 months of a tenancy. For a renewed tenancy, it can be served at any time.

Evidence

Proof that the above documents have been provided to the tenant will be required.

Deposit Refund Advice

To serve a valid section 21 the deposit should have been protected within 30 days of being paid, if not it must be refunded in full.

Alternately, you can offset it against rent owed or property damage with the tenant(s) agreement – Evidence of the full refund will be needed for court.

If the deposit was protected within 30 days, the deposit Prescribed Information must have been provided to the tenant before a valid section 21 notice can be served. Proof of this will be required for court.

Tenancy Agreement

You must have a signed copy of the tenancy agreement (the first and most recent tenancy agreement if there is more than one). If you do not have a signed please contact us for further advice.

Property Licence

If applicable – you must check this – you may need a valid Property Licence, as required by the local council (for example: a HMO licence or any other licence required by legislation by any local authority property licensing scheme or private rented licence scheme).

A Section 21 Notice cannot be served in the following circumstances:

• Where any of the above legislation has not been adhered to.
• Within the first 4 months of the tenancy.
• Where an Improvement Notice for repairs (Section 11 Notice and/or Section 12 Notice) have been served on the property by the local authority within the last 6 months.

For help with any of above please call 0800 118 4 118

Section 8

For Section 8 Claims:

• More than 2 months’ rent must owed when noticed is served and at court on the hearing date.
• There must be no issues with repairs, disrepair and property condition.
• The deposit and deposit prescribed information should have been dealt with correctly.
• You must be able to prove the rent is owed via rent/bank statements.

Risks and Possible Delays

If proceeding for non payment of rent – if rent is paid weekly, arrears must be 8 weeks or more, if rent is paid monthly, arrears must be two months or more – BOTH when the Notice was served and at court at the hearing.

If you are relying on any other Ground for Possession (fraud, crime, disorder, damage) you must be able to prove by evidence to the court that you meet the criteria for obtaining a possession order.

Counterclaims

Section 8 proceedings allow the tenant to make a counterclaim.

This is usually due to the tenant claiming there are issues with the deposit or with repairs.

The tenant may not be bound by pre-court protocols in counterclaim situations and may meet criteria for public funding because they are at threat of losing their home.

Delays

The first Section 8 court hearing is only ever set for between 5 and 15 minutes.

If there is any dispute at the first hearing between the landlord and tenant the matter is usually adjourned as there is not enough time for it to be dealt with.

It is then re-listed to be heard on another day, usually the first available date after 4 weeks, with more time allocated for the matter to be properly heard.

Each time the case is adjourned the tenant remains in the property.

For help with any of above please call 0800 566 8 566.