We’ve all heard the phrase “buy cheap, buy twice.” With the upcoming abolition of the Section 21 notice, this saying holds more significance than ever for landlords eager to regain possession of their properties before it’s too late.
At Ubique Legal, we’ve seen a noticeable increase in inquiries from concerned landlords who have had enough. The constant focus on tenant rights, legislative changes, and the new tax implications outlined in the budget are pushing more landlords to act swiftly. A quick internet search reveals the apparent ease of using a “6A Form,” and many landlords will download and serve this notice without understanding the complex Court Procedure Rules that govern its use.
Before you serve a Section 21 notice, consider these critical questions:
- Did your tenant begin their tenancy before October 1, 2015?
- Was a deposit taken, and did you comply with deposit protection regulations?
- If the property has a gas supply, are you up-to-date with the Gas Safety Regulations 1998?
- Have you followed the requirements of the Deregulation Act 2015?
- Do you have a valid Energy Performance Certificate (EPC)?
- Have you provided the most recent “How to Rent” guide to your tenant at the end of each fixed term or when the tenancy became periodic?
Any oversight in these areas can lead to a failed possession claim under Section 21 of the Housing Act 1988 (as amended), resulting in wasted time and considerable expense.
The majority of errors that lead to failed Section 21 possession claims occur before the notice is even served. Don’t risk your time and money on a claim that could fail due to a minor oversight—get professional advice. Seek guidance from an SRA-regulated solicitor for the necessary legal protections, rather than relying on the internet, friends, agents, or eviction companies.
While there’s a cost for professional legal advice, it’s minimal compared to the expense of a failed claim. With current court processing times, if your claim is struck out, you may not get another chance to begin the process anew. Make the smart investment now to avoid costly setbacks later.
If you have a concern, then why not call us on 0330 043 6162 for a free initial consultation?
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