Filling out a section 21 notice (for possession)
The Section 21 Notice or form is the starting point for any landlord getting your buy-to-let property back from a marauding tenant.The Section 21 Notice itself is pretty easy to fill in yourself with just a handful of fields to enter the information into. It should take no more than 5 minutes to complete.
The whole process of filling in the Section 21 Notice correctly has been made much easier (in theory) by the recent changes in the legislation which means it is no longer essential to get the dates for possession exactly to correspond to the end of a rental period. The event of the The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 (SI 2015 No. 1646) it also means that the Section 21 Notice has become a prescribed form. However, for many landlords including myself it has introduced a range of complexity and confusion into which section 21 notice to use and how to fill it in.
How to fill out a section 21 notice
I have looked in detail at identifying the correct section 21 form. Below is a short section from Property Hawks FREE Section 21 Notice. This landlord form is generated through the Property Manager leaving you to just have to fill out the date that the tenant needs to leave your rented property.Find out HERE how to fill out a Section 21 Notice.
Property Hawk Section 21 Notice details
1. To: sam white (THE TENANT)
2. You are required to leave the below address after .....THE DATE POSSESSION IS REQUIRED..................... (1) If you do not leave, your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.
1, building, Nottingham, ng2 (THE RENTAL PROPERTY)
3. If you have a fixed term AST, this notice is only valid for six months from the date of issue. If you have a rolling or periodic tenancy, e.g. you rent the property on a week by week or month by month basis, this notice is only valid for four months from the date of issue.
(1) Landlords should insert a calendar date here. The date should allow for the service period, and in effect be two months plus two days if the notice is served by post, e.g. where a notice is posted first class on 15 December 2015, the earliest a tenant may be required to give up possession is after 17 February 2016. Where landlords are seeking an order of possession on a statutory periodic tenancy under section 21(4) of the Housing Act 1988, the notice period should also not be shorter than the period of the tenancy (up to a maximum of six months), e.g. where there is a quarterly periodic tenancy, the date should be three months from the date of service.
2. You are required to leave the below address after .....THE DATE POSSESSION IS REQUIRED..................... (1) If you do not leave, your landlord may apply to the court for an order under section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession.
1, building, Nottingham, ng2 (THE RENTAL PROPERTY)
3. If you have a fixed term AST, this notice is only valid for six months from the date of issue. If you have a rolling or periodic tenancy, e.g. you rent the property on a week by week or month by month basis, this notice is only valid for four months from the date of issue.
(1) Landlords should insert a calendar date here. The date should allow for the service period, and in effect be two months plus two days if the notice is served by post, e.g. where a notice is posted first class on 15 December 2015, the earliest a tenant may be required to give up possession is after 17 February 2016. Where landlords are seeking an order of possession on a statutory periodic tenancy under section 21(4) of the Housing Act 1988, the notice period should also not be shorter than the period of the tenancy (up to a maximum of six months), e.g. where there is a quarterly periodic tenancy, the date should be three months from the date of service.
Its not the section 21 notice thats the only problem. Its the other paperwork that has to go with it including an EPC, a Right to rent leaflet,current gas cert ..all in triplicate.
ReplyDeleteThe tenant must tick a box to say they have all documents so send their copies by FIRST CLASS POST not recorded delivery , Get a certificate of posting which the court will require.
Another forest of paperwork.
Ive just had one go through and it was rubber stamped with no need to attend court.
Then the tenant has right of appeal which does require attendance or you will leave yourself wide open to a period of no rent for up to 42 days.
My case was amicable but still took 3 months .