Helpful Tips Tenancy Management

Call of the Week – Gaining possession

Call of the week
Landlord Advice
Written by Landlord Advice

A letting agent called the advice team this week asking how they can gain possession of a property as the landlord wanted it back.

The tenancy started on the 8th May 2015, and the letting agent wanted to know whether they could use the old-style form to gain possession-which was used before the Deregulation Act 2015 came in to force.

The property was in England and the deposit had been taken and protected in a scheme within the 30 day period.

Our advisor told the member that they would need to serve a Section 21 (4) notice in this case. The member wanted to know what date they should put on the notice.

Our advisor said that because the rent is paid monthly, the date on the form should be before the tenancy anniversary, which was the 8th February 2018.

Two months’ notice should be given and the end date should be before the rent is due, which would make the ideal date for the notice to end on the 7thFeburary 2018. The notice would be dated from 4th December 2017.

The letting agent then said that they planned to hand deliver the notice the following day. Our advisor reminded them that it is important that they gather sufficient evidence of delivering this notice of possession, for example by obtaining a signature and or taking a photograph as the notice is posted through the letter box of the property.

Our member thanked the advisor for answering all of their questions and being helpful, and left the chat feeling confident about the next steps that they would take.

Rupinder Aujla, Landlord Advice team manager said: “We are always happy to help members to go through dates and which notice to serve.

“Had this member not called for advice then they could have served the wrong notice with the wrong dates and have to start all over again. If in doubt pick up the phone and call the advice team.”

Find out more:

  • The RLA run courses on Gaining Possession, with new dates for 2018 nationwide having just been released. For more please see our training calendar here.

About the author

Landlord Advice

Landlord Advice

On-demand phone support from our landlord advisors is a big feature of RLA membership and is seen by many of our members as the most important service we offer. You can call the team in total confidence and be assured that the advice you'll receive is friendly, pertinent, up-to-date and practical.

Access to the advice team is FREE for all RLA Members.

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