A section 21 notice was a slightly tricky notice to do once upon a time, however it has gotten a bit more straightforward in recent years. Though we go through the 3 main hurdles you should check before serving a s21 notice or to check if you receive one.
The type of notice and Dates
The Recent case of Spencer v Taylor has thrown the old principal of different notices for a fixed term and periodic tenancy so all you require is a valid notice. The ingredients of which are roughly as follows:
a) An Assured Shorthold Tenancy;
b) End of the Fixed term; (though the notice can be served before as long as it does not expire before the fixed term).
c) Two clear months’ notice provided to tenant
d) In the prescribed format;
Giving the correct amount of time for the notice is often the next falling ground for s21 notices. While Elias V Spencer verified saving clauses such as the one below “work” and are allowed:
“…. or, if this notice would otherwise be ineffective, after the date being the earliest date not earlier than two months after the date of service of this notice when shall expire a period of the assured shorthold tenancy”
As a rule of thumb therefore – give an extra day or two and add a saving clause, it could save you two months in the long run.
Ensure Deposit is protected
We have already covered the legal position tenancy deposits in detail before (as well as a quick deposit guide here ). Bottom line is if the deposit is not protected in the required time frame and the prescribed information (including booklet) are not given to the tenant then any s21 notice you serve will not be valid.
It is therefore vital you keep proof of protection dates and when and how you gave them the deposit certificate, prescribed information and booklet.
Proof of service
The last hurdle is proof of service. It is always recommended to send it by at least two routes. The most efficient being post (see regular and get proof of posting and RD needs to be signed) and by hand (with a witness) backed by a statement for the certificate of service.
If you cannot prove service and the tenant disputes, it can again set you back vital time and likely costs as well.
Summary for Landlords
1) Ensure you serve the notice at the current time with the correct time frame to leave;
2) Protect the deposit and provide the relevant information BEFORE serving the s21;
3) Keep proof of service
Summary for Tenants
1) Does the notice give you two clear months after your tenancy expires? Or at the end of a “period”?
2) Was the deposit protected in the correct time frame and have you got the certificate, prescribed information and booklet in regards to a deposit dispute?
3) Were you served with the s21 on the date it says on the claim form? (if it goes to a claim).
If you have further tips feel free to add it below!
