We know that with a new Labour Government in charge the days of Section 21 evictions are numbered but until the new Renters’ Rights Bill becomes an Act, landlords can still ask tenants to leave without reason.
Sometimes a Section 21 may need serving but the terms and conditions of the tenancy, combined with lettings law, prevent the landlord asking the tenant to leave as quickly as they need to.
Most commonly, this happens when a landlord wants to evict a tenant within the first four months of an assured shorthold tenancy. Those four months are when a tenant enjoys maximum protection in the property. Additionally, a landlord won’t be able to serve a Section 21 in a quicker timeframe than the mandatory two months’ notice period they need to give tenants.
While waiting for the correct period of time to elapse before a Section 21 notice can be served solves most eviction problems, there are cases where the landlord themselves have created a situation whereby they can’t serve a valid Section 21. These include:
- The landlord did not serve the notice correctly or they used the incorrect form (a form other than the 6a)
- The landlord failed to protect the tenant’s deposit in a Government-backed scheme or failed to do so in the specified timeframe. This is usually within 30 days for tenancies created after April 2007 but as quickly as within 14 days if the deposit was received between 6th April 2007 and 5th April 2012
- The landlord took a deposit that was something other than money
- The landlord didn’t provide the tenant with an energy performance certificate (EPC)
- The landlord didn’t provide the tenant with a gas safety certificate
- The landlord failed to provide the tenant with the How to Rent guide
- The landlord didn’t obtain a licence for the property where required, usually when the dwelling is a House in Multiple Occupation (HMO)
- The landlord charged the tenant a prohibited payment or retained a holding deposit
- The landlord engaged in a retaliatory eviction, such as serving notice after a complaint about the property
- The landlord has not repaid any unlawful fees charged to the tenant, as outlined in the Tenant Fees Act 2019
- The council has served a notice in the last 6 months that says it will do emergency works on the property
- The tenancy is assured, having been signed between 15th January 1989 and 27th February 1997
- The fixed term tenancy does not have a break clause inserted into the contract
If the tenant can prove any of the above, the Section 21 notice will fail and the tenant will remain in the property.
Serving a Section 8 instead
It may be possible for a landlord who can’t use a Section 21 to serve a Section 8 instead. In some cases, a Section 8 can be served with as little as two weeks’ notice but this is usually reserved for the most serious of tenant/landlord relationship breakdowns. These include:
- nuisance, annoyance, illegal or immoral use of the property
- serious rent arrears
- tenant not having the right to reside in the UK
- a breach of the tenancy agreement
- a deterioration of the property and/or its contents
Landlords who serve a Section 8 because they can’t serve a Section 21 should prepare themselves for a tenant making a counter claim, especially if the landlord hasn’t protected their deposit in the required way.
Expect evictions to take months & cost thousands
LandlordBuyer frequently hears from property investors who can’t afford to serve a Section 21, as the costs can quickly wipe out any profit. Other landlords turn to us as cash buyers for houses as they can’t wait for the eviction process to conclude. As we have documented, it can take months – even years – for court hearings.
Selling without an eviction
One of the most popular reasons for a landlord to regain their property with vacant possession is to sell it. As outlined above, however, there is a long list of reasons why an eviction may fail. Selling with a tenant in place is possible but if a landlord chooses the open market, they’re almost exclusively relying on another landlord to buy their investment with an ongoing concern.
Selling a buy to let property with tenants
LandlordBuyer is here with an alternative. If you are selling a house with tenants, you can sell directly to us without needing to serve a Section 21 or Section 8 notice. We won’t ask you to engage with the court process or even tell your tenants that you’re selling.
Beat notice periods
With no eviction process or open market sale to worry about, we can almost guarantee you’ll regain your property quicker than any notice period you may have to give. In fact, LandlordBuyer’s average time between offer to exchange is 35 days, and just 7 days between exchange to completion, if a speedy conclusion is required.
LandlordBuyer will take care of everything, acting as cash house buyers and taking over the tenancy without disruption. Start now with a free valuation or contact our team to discuss your situation.