Serving a Section 21 notice is a legal process that landlords must follow if they wish to regain possession of their property without having to provide a reason for the eviction It is one of the most commonly used eviction procedures in the UK, but it can be a complex and confusing process for landlords who are not familiar with the legal requirements involved In this article, we will provide you with a comprehensive guide on how to serve a Section 21 notice effectively and legally.
What is a Section 21 Notice?
A Section 21 notice is a legal notice served by a landlord to terminate a residential tenancy agreement It is used when a landlord wants to evict a tenant without providing a reason for the eviction The notice must be served in writing, and it must give the tenant at least two months’ notice to vacate the property.
It is important to note that a Section 21 notice cannot be used during the fixed term of a tenancy agreement It can only be served once the fixed term has ended, or during a periodic tenancy agreement when the tenant is on a rolling contract.
When Can You Serve a Section 21 Notice?
Before serving a Section 21 notice, make sure that you are compliant with the legal requirements You must follow these rules:
1 The property must be in a habitable condition and meet all health and safety regulations.
2 The tenant’s deposit must be protected in a government-approved tenancy deposit scheme.
3 The tenant must have been provided with a copy of the latest energy performance certificate for the property.
4 The tenant must have been given the government’s “How to Rent” guide at the start of the tenancy.
5 If you are serving the notice after the end of the fixed term, you must also have given the tenant a valid notice seeking possession under Section 8 if there are rent arrears or other breaches of the tenancy agreement.
How to Serve a Section 21 Notice?
1 Check your Tenancy Agreement: Before serving a Section 21 notice, check your tenancy agreement to ensure that all terms and conditions have been met Make sure that the notice period is correct and that the correct wording is used in the notice.
2 Choose the Correct Form: There are two types of Section 21 notices – Form 6A for assured shorthold tenancies in England and Form 6A for assured shorthold tenancies in Wales Make sure you choose the correct form for your tenancy agreement.
3 serving section 21. Serve the Notice in Writing: The notice must be served in writing to the tenant’s last known address It can be delivered by hand, post, or email if the tenant has agreed to receive notices electronically Make sure to keep evidence of the serving of the notice in case you need to prove it in court.
4 Wait for the Notice Period: Once the notice has been served, the tenant must be given at least two months’ notice to vacate the property The notice period will start from the day after the notice is served.
5 Reclaim Possession: If the tenant does not vacate the property by the end of the notice period, you can apply to the court for a possession order If the correct procedures have been followed, the court will grant you possession of the property.
What to Do If the Tenant Does Not Leave?
If the tenant does not vacate the property by the end of the notice period, you can apply to the court for a possession order There are two types of possession orders that the court can grant:
1 Standard Possession Order: This is the most common type of possession order It gives the tenant a specified date by which they must vacate the property If the tenant does not leave by that date, you can apply for a warrant of possession to evict them.
2 Accelerated Possession Order: This type of possession order is faster and more straightforward than a standard possession order It is only available to landlords who have served a Section 21 notice correctly and do not need to claim any rent arrears from the tenant.
In conclusion, serving a Section 21 notice is a legal process that must be followed correctly to regain possession of your property By following the steps outlined in this guide and ensuring that you are compliant with all legal requirements, you can effectively serve a Section 21 notice and reclaim your property.