Two things landlords must do before they serve a Section 21 notice
- Tenancy deposits protection. Most landlords take a tenancy deposit, also
known as a damage deposit or bond. Since April 2007 landlords have had to protect this deposit in one of the three government authorised tenancy deposit schemes, and serve a notice giving prescribed information on the tenant. The regulations also say that if you have not done this, then any section 21 notice will be invalid. So make sure you have protected your deposit properly and given your tenants the required information before serving your section 21 notice.
- HMO licensing. Most properties where there are three or more
unrelated tenants will be classed as an HMO. Some HMOs (but not all) now
need to have a license from the Local Authority. The regulations set out basic
requirements for certain types of HMO to be licensed but Local Authorities can
also require other properties in their area to have a license too. So the best thing
to do, if you are not sure, is to speak to a Housing Officer at your Local Authority. If you need to be licensed and you are not then any section 21 notice will be invalid.
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