Which Section 21 do I need? Take the Test
Since the introduction of the assured shorthold tenancy, landlords have relied on the section 21 notice as the simplest way to regain possession of their property. As the landlord can use the accelerated possession procedure, and does not need to provide reasons for their eviction, there are significant advantages to using this notice over the section 8 form.
However, over the years it has grown more complicated to make sure the landlord is serving a valid section 21 notice. And also more complicated to figure out which of the various section 21 versions the landlord should be serving. Particularly after last year's significant changes to the rules around service of a section 21 for new tenancies if the property is in England. As such, more and more landlords are finding the notice confusing to use.
To assist with this, the RLA has created this simple test, to help establish what notice the landlord needs.
Both the Welsh and UK government have proposed a consultation on the abolition of section 21, the so called ‘no fault repossession’ route. Instead, landlords will only be able to repossess a property by using the fault based, section 8 notice route.
This is proposed for both England and Wales though as it is only at the consultation stage, no time frame for implementation has been set.
RLA research has shown that the majority of ‘no fault’ repossessions are based on the behaviour of the tenant. Evictions usually occur as a result of rent arrears or anti-social behaviour. Likely because fault based repossessions can take on average half a year to complete.
The RLA takes the view that if section 21 is removed, it should only be done once landlords can reliably and quickly evict tenants who are in serious rent arrears or another breach of their tenancy. Without this certainty landlords may choose to leave the market or only rent to the most financially secure tenants, increasing homelessness as a result.
Over the coming days, the RLA will be asking for your opinions on this, as well as continuing to campaign for the interests of our members.
This tool is only available to full members of the RLA with an active subscription.
This is because where there is a potential issue with the notice you will need access to the Landlord Advice Team to help resolve it.
Login to view this page.
Log into your RLA Account
Join the RLA
Get full access to over 130 Documents and Guides
No Guest Access
This content is available to RLA Members only, not Guests.