Considering selling? Request a Portfolio Compliance Review first!

With record numbers of tenants approaching their local council for help with being re-homed, landlords who are considering selling their rental property should ensure that they are fully compliant before serving a Section 21 notice - or run the risk of the notice being rejected by the court.

If you are considering selling your rental property, or even divesting yourself of parts or all of your property portfolio, it's important to ensure that you comply with all of your legal requirements, before you serve any notice.

Any possession notice that is served to Tenants has to meet certain criteria, otherwise councils can advise the tenant that the notice isn’t valid and that therefore they don’t have to move out of the property. To ensure that the Section 21 notice is valid, a landlord will need to ensure that they have complied with all of their legal obligations, which covers not only the serving of relevant documentation, but also having satisfied other criteria to make any notice valid. Moreover, not only must the property and documentation be compliant, but you must also have evidence supporting that the Tenant has received the relevant documents.

Things that need to be considered to ensure you serve a valid possession notice range from having a valid CP12 Gas Safety Certificate and EPC on file as well as ensuring all maintenance issues have been addressed, to making sure that you use the correct prescribed forms and serve them in accordance with the processes set out in the individual tenancy agreement.

Even after all this, the local council will likely advise the tenant that the Section 21 notice is a notice of the landlord's intention to apply to the county court to seek a possession order, so that they are not obliged to vacate on the date stated on the notice. Instead, this date is just the end date of the notice, and that the following, the landlord can apply to the county court and begin possession proceedings.

If you're considering selling your property or have another legitimate reason to issue a Section 21 notice, it is vital that you adhere to the strict compliance regime. LettingsONE offer a FREE Portfolio Compliance Review and can assist with issuing a section 21 notice, minimising risky delays to obtaining possession of your property.

If you want to arrange for a FREE Portfolio Compliance Review or need assistance with issusing a Section 21 notice, please contact us on 0161 511 5339 or complete our contact form.