Checklist of Considerations Before Serving a Section 21 - Notice to a Tenant to Regain Possession of Property

Checklist of Considerations Before Serving a Section 21 - Notice to a Tenant to Regain Possession of Property

Checklist to Consider Before Serving a Section 21

We at Templecorporate are regularly asked by our landlord clients what they should consider before serving assured shorthold tenants with a notice seeking possession of residential property pursuant to section 21 of the Housing Act 1988 (as amended) because they are aware that a failure to comply properly with the relevant legislation may invalidate such notices.

Here is a checklist that may help:

1. Has the first four months of the assured shorthold tenancy expired?

2. Did you give your tenant the correct How to Rent booklet before the tenancy started?

   www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england

3. Did you give your tenant a valid EPC (Energy Performance Certificate) before the tenancy started?

   https://www.gov.uk/buy-sell-your-home/energy-performance-certificates

4. Did you give your tenant a valid Gas Safety Certificate before the tenancy started and any subsequent annual Gas Safety Certificates within 28 days?

   www.hse.gov.uk/gas/landlords/index.htm

5. If your tenant has paid a deposit to you, did you protect it under an appropriate tenancy deposit scheme within 30 days of receipt and serve the required prescribed information within time?

   www.gov.uk/tenancy-deposit-protection

6. If your property requires an HMO licence, have you obtained one?

   www.gov.uk/private-renting/houses-in-multiple-occupation

7. Have you received any complaints from or on behalf of your tenants about the state or condition of the property? If so, have you fully addressed them?

   https://www.gov.uk/government/publications/retaliatory-eviction-and-the-deregulation-act-2015-guidance-note

8. Have you been served with any improvement notices or emergency remedial action notices by the local authority?

   http://www.hse.gov.uk/enforce/enforcementguide/notices/notices-types.htm

9. Are you proposing to use the correct form?

   E.g. Form 6a: for a no fault possession notice on an assured shorthold tenancy.

   https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

Contact our Landord & Tenant Solicitors

If you require any specific advice or assistance about obtaining possession from tenants, please contact Yvonne Addy by telephone on 020 7486 5131 or by email to yvonne.addy@mwh-law.co.uk, or make an online enquiry here.

Please note this checklist is not exhaustive. This blog was prepared on 15 January 2019. It is not intended to be advice and should not be relied upon as such.