8 Mistakes Landlords Must Avoid When Issuing a Section 21 Notice | Tenancy Agreement Service

Eviction Blunders: 8 Ways Landlords Mess Up Section 21 Notices (and How to Avoid Them)

Deposit Protection Oversights:

A key stumbling block is failing to protect the tenant’s deposit in a government-approved scheme (like MyDeposits, Tenancy Deposit Scheme, or Deposit Protection Service) as required by Section 215(1) of the Housing Act 2004.

Ensure the deposit is safeguarded within 30 days of receipt, and provide the tenant with a Tenancy Deposit Certificate as proof. This step is crucial, as an unprotected deposit can lead to the invalidation of the Section 21 notice and potential counterclaims from the tenant for up to three times the deposit amount.

Failing to Provide Prescribed Information:

The prescribed information concerning the tenacy deposit must be served to the tenant and any third-party contributors within 30 days of deposit receipt. This information, varying slightly among deposit schemes, typically includes the deposit sum, property address, details of the deposit scheme administrator, landlord and tenant information, and deposit dispute procedures. Overlooking this requirement can nullify the Section 21 notice and lead to financial penalties for landlords.

Neglecting Essential Documentation:

For tenancies starting after 1 October 2015, landlords must furnish tenants with an Energy Performance Certificate (EPC), a Gas Safety Certificate (GSC), and the latest 'How to Rent' guide. Keep in mind that an EPC is valid for five years, and a new GSC must be issued annually.

Failing to provide these documents can render the Section 21 notice ineffective.

Errors in Tenancy Agreement Details:

Accuracy in the Assured Shorthold Tenancy (AST) is vital. The landlord's name listed in the AST must precisely match the one in the Section 21 notice. Mistakes often occur if the landlord is a company or if there's a change in property ownership. This discrepancy can invalidate the notice, so double-check these details for accuracy.

Incorrect Notice Periods:

Another common error is miscalculating the notice period. Ensure you provide at least two months' written notice, keeping in mind any recent legislative changes or temporary adjustments (such as those made during the COVID-19 pandemic).

Retaliatory Eviction Claims:

Issuing a Section 21 notice following a tenant's legitimate complaint about property conditions can be deemed retaliatory eviction, particularly if a local authority has served an improvement notice. To avoid this, address tenant complaints promptly and ensure property maintenance is up to standard.

Overlooking the Impact of Recent Repairs:

If you've recently made significant repairs or improvements, be aware of how this might affect your ability to issue a Section 21 notice. In some cases, this can reset the notice period or require additional documentation.

Impact of Recent Repairs on Eviction Proceedings

Gas Works

If major gas works affecting the entire dwelling or individual gas appliances have been conducted, a new Gas Safety Certificate is required before you can serve a Section 21 notice. This can delay the eviction timeline.

Emergency Works

If you recently carried out emergency repairs due to your failure to address an urgent repair request earlier, you might need to wait a specific period before issuing a Section 21 notice. This is to prevent "retaliatory evictions" against tenants who report legitimate repair issues.

Improvements

Significant improvements might be considered a "renewal" of the tenancy under specific circumstances, resetting the notice period to two months from the completion of the work. This is rare, but it's best to seek legal advice if extensive improvements were made.

Misunderstanding Fixed-Term Tenancies:

Attempting to issue a Section 21 notice during a fixed-term tenancy without specific break clauses can be problematic. Understand the terms of your tenancy agreement and only issue notices in line with these terms.

By meticulously avoiding these pitfalls and staying updated on tenancy law changes, landlords can issue valid Section 21 notices and navigate the eviction process more smoothly. It's always wise to seek legal advice, especially in complex eviction scenarios, to ensure compliance and protect your property interests.