Serving a Section 21 notice is a crucial step that landlords must take if they wish to regain possession of their property from their tenants without giving a specific reason. This notice is typically used in situations where the landlord wants to end the tenancy agreement at the end of the fixed term or during a periodic tenancy. However, serving a section 21 notice must be done correctly to be legally valid. In this article, we will provide you with a comprehensive guide on how to serve a Section 21 notice properly.
What is a Section 21 notice?
A Section 21 notice is a legal notice served by a landlord to terminate an assured shorthold tenancy (AST) agreement. It allows landlords to evict tenants without providing a specific reason, as long as the correct procedures are followed. The notice must be in writing and give the tenant at least two months’ notice to vacate the property.
When can a landlord serve a Section 21 notice?
Landlords can serve a Section 21 notice if:
– The tenancy is an assured shorthold tenancy (AST)
– The fixed term of the tenancy has ended or is coming to an end
– At least two months’ notice is provided
– The notice is in writing
How to serve a Section 21 notice
To serve a Section 21 notice properly, landlords must follow these steps:
Step 1: Check that the tenancy is an AST
Before serving a section 21 notice, landlords must ensure that the tenancy agreement is an assured shorthold tenancy (AST). This type of tenancy is the most common in the UK and provides landlords with the right to repossess their property using a Section 21 notice.
Step 2: Provide the required notice period
Landlords must give tenants at least two months’ notice to vacate the property. The notice period must end on the last day of the tenancy period, which is typically the day before rent is due.
Step 3: Serve the notice in writing
The Section 21 notice must be served in writing to the tenant. It can be delivered by hand or sent by post. Landlords should keep proof of service, such as a receipt or confirmation of delivery.
Step 4: Use the correct form
Landlords must use the correct form for serving a section 21 notice. The two main forms are Form 6A for properties in England and Form 6A for properties in Wales. These forms can be downloaded from the government’s website.
Step 5: Ensure compliance with legal requirements
To serve a valid Section 21 notice, landlords must comply with all legal requirements, including providing tenants with a copy of the property’s Energy Performance Certificate (EPC), gas safety certificate, and the government’s How to Rent guide.
Step 6: Wait for the notice period to expire
Once the Section 21 notice has been served, landlords must wait for the notice period to expire before taking further action. If the tenant does not vacate the property voluntarily, landlords can apply to the court for possession.
What happens after serving a Section 21 notice?
After serving a Section 21 notice, landlords must wait for the notice period to expire. If the tenant does not vacate the property voluntarily, landlords can apply to the court for possession. The court will set a date for a hearing, where a judge will decide whether to grant possession.
If the court grants possession, the tenant will be ordered to vacate the property by a certain date. If the tenant refuses to leave, landlords can seek the help of court bailiffs to evict the tenant.
In conclusion, serving a Section 21 notice is a legal process that landlords must follow if they wish to regain possession of their property from their tenants. By following the correct procedures and ensuring compliance with all legal requirements, landlords can successfully serve a Section 21 notice and regain possession of their property.