Latest News

Winter weather precautions

20 January 2021

Propertymark Industry Supplier, Gallagher offers practical steps that can help agents and their clients reduce the risk of damage to property as areas of the nation are set to see further warnings of more inclement weather to come. Damage caused by the escape of water from frozen pipes and other equipment can be extremely costly in repairs and disruption. Read More...

Concerns raised over new energy efficiency proposals

20 January 2021

Propertymark has responded to the UK Government’s consultation on Improving the Energy Performance of Privately Rented Homes in England and Wales by highlighting a number of concerns. These relate to affordability and the need to look beyond a one-size fits all policy and develop proposals that work with the different age, condition, and size of properties in the private rented sector. Read More...

Change smoke and carbon rules for earlier checks

19 January 2021

Propertymark has responded to the UK Government’s consultation on extending the Smoke and Carbon Monoxide Regulations in England, arguing that the rules should be amended so that landlords and agents must make sure the alarms are tested prior to the start of the tenancy and not on the first day of each new tenancy. Read More...

Latest legal advice on Section 21 notices

Wednesday 20 June 2018

Section 21 notices are a daily part of a letting agent's working life, but following recent court rulings, it's become clear that the existing practices of some agents may result in cases being thrown out of court.

It's an unfortunate fact that there are times when an agent has no choice but to take action to evict tenants from a property on behalf of their landlord client.  

One of the options which is often relied upon is to issue a Section 21 notice to evict tenants from a property who are on an Assured Shorthold Tenancy. Also known as a 'no fault eviction', Section 21 notices may be issued because the landlord wants the property back to sell on, or that they want to move back in themselves. A Section 21 notice allows them to do this, provided certain criteria are met. 

However, agents need to be careful to ensure they executing a notice in the correct way otherwise they can run into problems as agents have recently found out.

The technicalities of the latest court rulings revolve around Section 44 of the Companies Act 2006, which outline what is required when a company 'executes' a document on behalf of a third party (e.g. a letting agent acting on behalf of a landlord). It's fairly common practice at the moment that any competent member of staff will endorse the agent's name or sign on behalf of them, but this practice has now been bought into question.

ARLA Propertymark Chief Executive David Cox said: "Whilst this isn't yet established legal precedent, it's starting to become more common practice in courts across the country. Therefore, agents may want to consider changing their current practices to safeguard themselves against the possibility of Section 21 notices being thrown out of court"

Giving you the best chance of success

To ensure you comply, please download the latest advice from Dutton Gregory Solicitors.

You can also contact the ARLA Propertymark Legal Helpline on 0330 124 1212 if you need further advice. You'll need your membership details to hand when you call.

Members can also download our fact sheets on Section 21 Notices via the members' area of the website. We have two available for download - Changes to Section 21 Notices and  Tenancy Deposits and the use of Section 21 Notices.