As some regular readers will know, my section 21 book went on sale very briefly, to enable me to get feedback before it is launched properly (in a few weeks time). It is interesting going through the feedback forms. Clearly this is an area that causes people a lot of problems.
(A section 21 notice by the way, is the warning notice you have to serve on a tenant before using the ‘no fault’ ground for possession).
One thing which still puzzles people is when do you serve it? So I thought I would make that the subject of todays post.
In fact you can serve a section 21 notice at ANY time. Except:
- on the same day that you sign the tenancy agreement (because your tenant may try to claim that you gave it before the tenancy was signed and you can’t serve notice to end a tenancy which has not started yet)
- Before you protect the deposit and serve the information notice with prescribed information (because the regulations say it will be invalid), and
- If your property is an HMO property which needs a license, if you do not have a license (again because the regulations say so). Unless you can show that you have put in an application for a license.
Thats it really. It does not matter what day of the month you serve it, and you can serve a notice both during and after the fixed term.
However there are different statutory requirements depending on whether you serve it before the fixed term ends or after the fixed term ends. But if you use a notice such as the Landlord Law notice, you do not need to worry about this, as it has been drafted to be compliant whenever it is served.
So now you know.