Key Documents - The Notices

Formal notices form a fundamental part of the lettings process, and ensuring that the prescribed documents and relevant legislation are properly complied with, is of paramount importance.

Before serving notices, ensuring the notice is properly served is key. Under PART 6 of the Civil Procedure Rules (CPRs) the process of serving documents must be carefully adhered to and so it is important to check the methods of service cited in the tenancy agreement as well as complying with the relevant time frames. For example, does the tenancy agreement allow for notice to be served by email and if so, when would that notice be deemed served?

There are key notices which play an integral part in the lettings process. These are as follows:-

Form 6A - Section 21 Notice

Section 21 was fully introduced under the Housing Act 1988 (1996), a legal framework that allows landlords the right to terminate an assured shorthold tenancy (AST) without providing a specific reason, as long as certain requirements are met.

Despite providing more rights for landlords there are also some rights that tenants have such as the provision of no less than two months’ notice before being required to give up possession of their home. Where the tenant is entitled to statutory 2 months’ notice, the completed form can be relied upon to commence possession proceedings for a period of 6 months beginning with the day it is served to the tenant. Despite this, there are several restrictions to using this form, for example, where the landlord has failed to comply with legal obligations such as  providing the tenant with an Energy Performance Certificate, a current gas safety certificate (The Deregulation Act 2015) and the ensuring that Tenancy Deposit Protection regulations are complied with.

Form 3 - Section 8 Notice

A landlord can initiate proceedings to evict a tenant under an AST at any point during the tenancy, including a fixed-term period, by serving a Section 8 notice as per the Housing Act 1988 (!996). This requires the Landlord to rely on two categories of grounds for possession:

Mandatory Grounds, where the court has no discretion but to give possession, and Discretionary Grounds, where it is up to the court’s discretion as to whether possession is granted. The landlord must cite the specific grounds in full, and provide a detailed explanation for each ground relied upon. The notice must specify a notice period, usually two weeks or two months, or no notice.

After serving the Section 8 notice, the landlord must wait until the notice period expires before issuing court proceedings. If the tenant hasn't vacated or paid rent arrears by then, the landlord can start possession proceedings.

Form 4 - Section 13(2) Notice

Landlords in England seeking to propose a new rent under a periodic tenancy must follow specific procedures outlined by the Housing Act 1988 (1996). The process involves using a Section 13(2) notice (England only) which is available for free on the GOV.UK website.

This form should be used to propose a rent increase no more than once every 52 weeks (annually). It requires landlords to specify the date of the first rent increase after February 11, 2003, or the current increase date if the section 13(2) has not been previously used. For monthly tenancies, at least one month's notice is required, while yearly tenancies require six months' notice. The new rent must commence at the beginning of the next tenancy period following the notice period. Tenants who disagree with the proposed increase can challenge it in the First-tier Tribunal by submitting Form Rent 1 before the new rent takes effect. This must be actioned within 6 months of the rent increase being proposed.

Section 47 and 48 - The Landlord and Tenant Act 1987:-

Providing a landlord’s name and address on legal notices such as rent demands, and tenancy agreements is essential but can be contentious for property managing and letting agents. This requirement is governed by the Landlord and Tenant Act 1987.

Section 48 requires that landlords provide an address in England or Wales where notices can be served by tenants. Non-compliance means that rent or service charges are not considered due until the correct address is provided, preventing landlords from enforcing payment.

Section 47 requires that any rent or charge demand must include the landlord’s actual address, whether it be their home, business, or registered office. An address of a property managing agent is insufficient. This distinction was confirmed in the 2012 case of Beitov Properties Ltd v Elliston Martin, which clarified that the landlord’s actual address is necessary to confirm their identity.

Failure to comply with these sections can lead to delays in recovering charges or rent, additional costs, and potentially failed litigation. Landlords and agents should periodically verify that their documents contain accurate and compliant information.

Section 5 - Protection from Eviction 1977

Section 5 of the Protection from Eviction Act 1977 establishes stringent requirements regarding the validity of notices to quit residential premises. It mandates that notices issued by landlords or tenants, as well as by licensors or licensees for periodic licenses, must be in writing and include specific prescribed information. Moreover, these notices must be provided at least 4 weeks before the intended date of termination to be considered legally valid.

Exceptions to these requirements apply to premises under excluded tenancies or licenses, defined by the Housing Act 1988, and to dwellings in Wales under occupation contracts as per the Renting Homes (Wales) Act 2016.

Sophie Darlow - Intern