If you are a landlord looking to evict your tenants in England, one of the options available to you is serving a Section 21 notice This notice allows you to regain possession of your property without having to provide a specific reason for the eviction However, it is important to follow the correct procedure when serving a Section 21 notice to ensure that it is legally valid In this article, we will guide you through the steps involved in serving a Section 21 notice.
What is a Section 21 notice?
A Section 21 notice is a legal document that a landlord can serve to their tenants to inform them that they are required to vacate the property This type of notice is often used when a landlord wants to end a tenancy agreement at the end of the fixed term or during a periodic tenancy Unlike a Section 8 notice, which requires the landlord to provide a specific reason for the eviction, a Section 21 notice does not require any grounds for eviction.
How to serve a Section 21 notice
1 Check that you have the right to serve a Section 21 notice
Before serving a Section 21 notice, it is important to check that you have the right to do so To be able to serve a Section 21 notice, you must have protected your tenant’s deposit in a government-approved scheme, provided your tenants with a copy of the property’s Energy Performance Certificate, and given your tenants a copy of the Government’s “How to Rent” guide.
2 Provide the correct notice period
The notice period required for a Section 21 notice can vary depending on the type of tenancy agreement in place If the tenancy is a periodic tenancy, you must provide your tenants with at least two months’ notice If the tenancy is a fixed-term tenancy, the notice period must not end before the fixed term does.
3 Complete the Section 21 notice form
To serve a Section 21 notice, you must fill out the appropriate form There are two different forms available depending on when the tenancy began: Form 6A for tenancies that started after 1 October 2015 and Form 21 for tenancies that started before that date how do you serve a section 21 notice. The form must be completed accurately and clearly state the date by which the tenants are required to vacate the property.
4 Serve the notice to your tenants
Once you have completed the Section 21 notice form, you must serve it to your tenants There are several ways to do this, including by hand, by post, or by email if the tenancy agreement allows for electronic communication It is recommended to use a method that provides proof of delivery, such as recorded delivery or email read receipts, to ensure that the notice has been received by your tenants.
5 Keep a record of serving the notice
It is essential to keep a record of how and when you served the Section 21 notice to your tenants This includes keeping a copy of the completed notice form, proof of delivery, and any other relevant documents Keeping accurate records will help you demonstrate that you have followed the correct procedure in the event of a dispute.
What to do after serving a Section 21 notice
After serving a Section 21 notice, you must wait for the notice period to expire before taking any further action If your tenants do not vacate the property by the specified date, you may need to apply to the court for a possession order It is crucial to follow the correct legal process to avoid delays in regaining possession of your property.
In conclusion, serving a Section 21 notice is a legal process that landlords can use to evict their tenants without providing a specific reason By following the correct procedure and ensuring that all requirements are met, landlords can effectively regain possession of their property If you are unsure about how to serve a Section 21 notice, it is recommended to seek advice from a legal professional to ensure that you are complying with the law.