Serving notice is one of the most important steps for a landlord to regain possession, however with strict procedures to follow, they are often served incorrectly to the severe detriment of the landlord.
There are different types of notice that a landlord may need to serve depending on the situation and include:
- Section 21 notice of possession
- Section 8 notice of possession
- Notice to quit
The rules in relation to serving notices are complex and if not properly complied with, it is likely that a court will consider the notice invalid and that the landlord will be unable to rely on the notice. This will mean the landlord will have to serve the notice again before they are able to take the next step: applying to court for a possession order. This could add months to the procedure bringing the tenancy to an end.
There are several common issues, including the practicalities of exactly how the notice is served. The method of service should be determined by the tenancy agreement and service can be effected by various methods including:
- Personal service; or
Another common mistake is a misjudgement of the necessary notice period. Consideration should be given to the tenancy agreement and also legislative changes, such as during the COVID-19 pandemic.
To be able to serve certain notices, a number of other factors must be considered. This includes requirements in relation to providing the tenant with a copy of an EPC (with a rating of E or higher if tenancy started or was renewed after 1st April 2018), a valid gas safety certificate, the How to Rent booklet at the start of the tenancy, as well as protecting any tenancy deposit within 30 days of receiving the money.
This area of the law is complicated and changes rapidly. You need an expert solicitor on your side to guide you through and ensure any notices are served promptly and correctly.