If you are a landlord and want to regain possession of your property from a tenant, the first step is to serve a Section 21 notice. This notice is a legal requirement that notifies the tenant of your intention to end the tenancy agreement. Here is a complete guide on how to serve a section 21 notice effectively.
What is a Section 21 notice?
A Section 21 notice is a legal document given by a landlord to a tenant to regain possession of their property. It is usually used when the fixed term of the tenancy has ended, or during a periodic tenancy. The notice must give the tenant at least two months’ notice to vacate the property. It is important to note that the landlord cannot use a Section 21 notice if the tenancy agreement is in the fixed term period.
Step-by-step guide on how to serve a section 21 notice:
1. Check the eligibility:
Before serving a Section 21 notice, make sure you are eligible to do so. You must have protected the tenant’s deposit in a government-approved scheme, provided the tenant with a valid Energy Performance Certificate, a Gas Safety Certificate, and a copy of the “How to Rent” guide. If any of these requirements are not met, you will not be able to serve a Section 21 notice.
2. Determine the type of tenancy:
You can only serve a Section 21 notice if the tenancy is an assured shorthold tenancy (AST). If the tenancy is not an AST, you will need to use a different notice to end the tenancy.
3. Serve the notice in writing:
The Section 21 notice must be served in writing to the tenant. It should clearly state the date by which the tenant is required to vacate the property. Make sure to include all the necessary information, such as the tenant’s name, address, and the address of the property being let.
4. Choose the right form:
There are two types of Section 21 notice forms: Form 6A for properties in England and Form 3 for properties in Wales. Make sure you are using the correct form for the location of your property.
5. Use the correct notice period:
The Section 21 notice must give the tenant at least two months’ notice to vacate the property. The notice period starts on the day the tenant receives the notice, not the date the notice was served.
6. Serve the notice correctly:
You can serve the Section 21 notice to the tenant in person, by post, or by email if the tenancy agreement allows it. Make sure to keep a record of how and when the notice was served in case there are any disputes later on.
7. Wait for the notice period to expire:
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action. If the tenant fails to vacate the property by the specified date, you can apply to the court for a possession order.
8. Seek legal advice if necessary:
If you encounter any issues during the process of serving a Section 21 notice, it is advisable to seek legal advice from a solicitor specialising in landlord and tenant law. They can provide you with guidance and support to ensure the process is carried out correctly.
In conclusion, serving a Section 21 notice is a crucial step for landlords looking to regain possession of their property. By following the steps outlined in this guide, you can serve the notice effectively and legally. Remember to always comply with the legal requirements and seek legal advice if needed.