Well, this will depend whether your Landlord has followed every single piece of red tape (and they get it wrong more often than you might think!)
The term ‘Section 21’ will strike fear into the heart of anyone who has rented privately. A Section 21 notice (named after Section 21 of the Housing Act 1988) is used by private Landlords in ‘no-fault’ possession claims. They’re often used when the tenant has done nothing wrong, but the Landlord simply wants their property back. They can also be used where the tenant is in rent arrears or there have been allegations of Anti-Social Behaviour – those things won’t matter and the process still applies.
The Law in relation to Section 21 notices in a minefield and there are many factors that need to be taken into account before a Section 21 will be valid. A mistake with any one of the following could mean the notice isn’t worth the paper it’s written on:
- Gas Safety Certificates
- 'How to rent' Booklet
- Energy Performance Certificate (EPC)
- Smoke Alarms and Carbon Monoxide Alarms
- Disrepair (heating, mould, leaks etc.) / Council Improvement Notices
- Incorrect Dates
- Incorrect form used
- Homes of Multiple Occupation (HMO) (3+ people not related)
It takes an expert adviser to be able to spot any mistakes with a Section 21 notice and Swain & Co are here to help you.
You may have been told that a Section 21 is valid but can you be sure until you have spoken to the professionals? Swain & Co advisers have years of experience defending possession claims against Landlords and can fight your corner all the way to the courts.
If you have a low income or receive certain benefits you could be entitled to FREE legal advice and representation under Legal Aid. The first interview is free and there’s no obligation- if we determine you don’t qualify for Legal Aid, we can discuss other funding options or you can just walk away.