As a landlord, serving a Section 21 notice is an essential part of the eviction process when you want to regain possession of your property Whether you are facing issues with non-payment of rent, breach of tenancy agreement, or simply want your property back, serving a Section 21 notice is the first step towards evicting your tenant In this article, we will discuss the steps involved in serving a Section 21 notice and the requirements that must be met to ensure that the notice is valid.
What is a Section 21 notice?
A Section 21 notice is a legal notice that a landlord can serve to regain possession of their property at the end of an Assured Shorthold Tenancy (AST) without having to provide a reason It is often referred to as a ‘no-fault eviction’ because the landlord does not need to prove that the tenant has breached the tenancy agreement or done anything wrong A Section 21 notice can only be used if the tenant has an assured shorthold tenancy agreement, and it cannot be used during the fixed term of the tenancy.
Step 1: Check your eligibility to serve a Section 21 notice
Before serving a Section 21 notice, it is crucial to ensure that you meet all the requirements set out in the Housing Act 1988 This includes:
– The tenant has been provided with a copy of the Energy Performance Certificate (EPC) and the government’s current ‘How to Rent’ guide.
– The property is licensed if it requires a license under the selective licensing scheme.
– The deposit has been placed in a government-approved tenancy deposit protection scheme within 30 days of receiving it.
– The property does not have any serious health and safety hazards that have not been addressed by the landlord.
Step 2: Serve the Section 21 notice correctly
To serve a Section 21 notice, you must do so in writing using a specific form known as Form 6A This form can be downloaded from the government’s website and must be completed accurately, including details such as the address of the property, the names of the landlord and tenant, and the date the tenancy is due to end The notice must also give the tenant at least two months’ notice to leave the property, and the date specified on the notice must be the last day of the rental period.
It is essential to ensure that the Section 21 notice is served correctly to avoid any potential legal challenges from the tenant how to serve section 21 notice. The notice can be served by hand, by post, or by email if the tenancy agreement allows for this method of communication If serving the notice by post, it is advisable to use registered or recorded delivery to prove that the notice was received by the tenant.
Step 3: Keep detailed records of the Section 21 notice
Once the Section 21 notice has been served, it is crucial to keep a record of the date it was served, how it was served, and any correspondence with the tenant regarding the notice Keeping detailed records will provide evidence that the notice was served correctly in case of any disputes or legal proceedings in the future.
Step 4: Consider the expiry date of the Section 21 notice
After serving the Section 21 notice, the tenant must be given at least two months’ notice to leave the property The expiry date specified on the notice must be the last day of the rental period, and the tenant must vacate the property by that date If the tenant does not leave the property voluntarily by the expiry date, the landlord can apply to the court for a possession order to evict the tenant.
In conclusion, serving a Section 21 notice is a crucial step in the eviction process for landlords who wish to regain possession of their property By following the steps outlined in this article and ensuring that all legal requirements are met, landlords can serve a valid Section 21 notice and proceed with the eviction process efficiently Remember to keep detailed records of the notice and any correspondence with the tenant to protect yourself in case of any disputes.