As the easiest route for landlords to gain possession of their property, the Section 21 is a key part of the landlord's toolkit. Without it, a landlord is reliant on the tenant giving up the property voluntarily or having to go down the more difficult section 8 route for possession.
The Section 21 notice is the preferred option outside of a fixed term for a number of reasons. The main one is because there are very few defences the tenant can use to stop possession being granted by the courts. This gives it a significant advantage over using a section 8 notice instead where many potential defences are available. Especially because all of the defences are in the landlord's power to control before service of the notice.
The most common causes of failure where a landlord seeks possession using a Section 21 notice are; that the deposit was not protected correctly, and that the notice period given was incorrect. Deposit service and protection is covered here but this guide will focus on how to establish the correct Section 21 date for landlords and give examples of calculating the date.
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