If you are a landlord looking to regain possession of your property in England and Wales, serving a Section 21 notice is a common route to take A Section 21 notice, also known as a no-fault eviction notice, allows landlords to ask tenants to vacate the property at the end of their tenancy agreement However, in order for the Section 21 notice to be valid, it must be served correctly Here are the proper steps to serve a Section 21 notice:
1 Confirm that you are eligible to serve a Section 21 notice
Before serving a Section 21 notice, you must ensure that you have met all the legal requirements This includes having protected your tenant’s deposit in a government-approved tenancy deposit scheme, provided the tenant with a copy of the government’s “How to Rent” guide, and made sure that the property meets all the required safety standards, such as having a valid Gas Safety Certificate.
2 Provide the correct type of tenancy agreement
In order to serve a Section 21 notice, your tenancy agreement must fall under an assured shorthold tenancy (AST) This is the most common type of tenancy agreement, where the tenant has exclusive use of the property for a fixed period of time If your tenancy agreement does not meet this criteria, you will not be able to serve a Section 21 notice.
3 Serve the notice in writing
A Section 21 notice must be served in writing to the tenant This can be done by hand, through the post, or by email if the tenant has agreed to this method of communication The notice must clearly state that it is a Section 21 notice, include the address of the property, and specify the date by which the tenant is required to vacate the property.
4 Give the correct notice period
The notice period you must give to your tenant will depend on the type of tenancy agreement and when the tenancy started how do you serve a section 21 notice. For a periodic tenancy, you must give your tenant at least two months’ notice, while for a fixed-term tenancy, the notice period cannot expire before the end of the fixed term It is important to check the current regulations to ensure you are giving the correct notice period.
5 Use the correct form
When serving a Section 21 notice, you must use the correct form The most common form used is Form 6A, which is the prescribed form for giving notice under Section 21 of the Housing Act 1988 This form can be downloaded from the UK government’s website and must be filled out accurately before serving it to the tenant.
6 Ensure the notice is served correctly
Once you have filled out the Section 21 notice form, you must serve it to the tenant correctly This means making sure the notice is delivered to the tenant within the required time frame and in the correct manner If serving the notice by post, it is recommended to send it via recorded delivery to have proof of postage If serving the notice by hand, it is advisable to have a witness present to confirm that the notice was delivered.
By following these steps, landlords can ensure that they serve a Section 21 notice correctly and in compliance with the law It is important to note that the rules around serving a Section 21 notice can be complex, so seeking legal advice or the assistance of a professional letting agent is recommended to avoid any potential errors.
Remember, serving a Section 21 notice is a serious legal process that requires careful attention to detail and compliance with all legal requirements By following the proper steps outlined above, landlords can effectively regain possession of their property through the Section 21 eviction process.