The Government has now opened its consultation on reforming possession in England. The proposals will prevent the creation of new assured shorthold tenancies in England, preventing landlords from issuing a Section 21 notice for new tenancies.
In an attempt to mitigate some of the issues identified in the RLA's research, they propose to create or amend a number of Section 8 grounds and tweak the way the current court system works.
The RLA welcomes any improvements to Section 8 and the court process but the consultation falls some way short of providing landlords with the confidence they can regain possession of their property in legitimate circumstances.
To have your voice heard on these proposals visit our campaigns page.
For most landlords, serving a section 21 notice will be the most common way for them to start to end a tenancy. This route to possession is simpler than serving a section 8 notice as it does not require them to attend a court hearing, or give a reason why they wish to receive possession. Instead, as long as the landlord has given the correct length of notice, met all the requirements for service, and used the correct form then the courts will provide a possession order in the post. This is known as accelerated possession.
Until October 1st 2015, the Section 21 notices came in a variety of different formats and there was no time limit on using the Section 21 notice to apply to court after it had been served. This has now changed however with the introduction of a prescribed form that must be used in England along with a number of additional requirements that must be met before the notice can be served validly.
This page provides guidance on how to comply with all of these requirements, the prescribed form itself for all of our members, help with how to serve the notice, as well as all of the forms required to complete the accelerated route to possession and completion notes on how to fill out the forms.
This guidance should only be followed for tenancies in England.
If your property is in Wales, then please go to this page instead.
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