We regularly advise our clients, both tenants and landlords, with issues pertaining to Section 21 of the Housing Act 1988.
Those familiar with the procedure will recognise that a landlord, at the end of a fixed term, may serve upon its tenant not less than two months’ notice according to Section 21 of the Housing Act 1988 and provided it follows the correct procedure, such action shall determine the tenancy in question.
We recently attended Court on behalf of a tenant where the landlord had failed to complete the Section 21 notice properly. We find that in advising landlords and tenants alike, it is often the case that landlords make mistakes when completing the notice for example;
- The time of its service
- The date required therein as to the relevant notice period
- Failing to register a deposit. It is a prerequisite of serving a valid Section 21 notice that any deposit taken must be registered in the prescribed form.
The consequences are that at the recent Court hearing, a landlord unfortunately had to commence the entire procedure again for having failed to attend to the provisions of a Section 21 notice properly.
Head of Dispute Resolution at Ringrose Law, Robert Breckon, says as follows:
“In light of the requirement to serve not less than two months’ notice upon a tenant, a failure to attend the formalities of completion of the Section 21 notice in terms of service and population of the document can prove very costly and indeed time consuming for a landlord to correct.
It is important that legal advice is taken early, and indeed one must not overlook that quite often landlords ought to also consider whether or not it is appropriate to serve a notice pursuant to Section 8 of the Housing Act 1988, to reflect that landlords often seek possession when tenants are in default and that latter notice therefore would be included to be considered.”
Whether you are a tenant or a landlord we have a specialist team who are able to advise on all tenancy matters.
Contact our team today on 10522 561020 or call in to your nearest Ringrose Law office in Boston, Grantham, Lincoln, Sleaford, Spalding and Newark.