If you are a landlord looking to regain possession of your property from your tenants, serving a Section 21 notice may be the most appropriate course of action A Section 21 notice is a legal document that gives tenants at least two months’ notice to leave the premises It is essential to follow the correct procedures when serving a Section 21 notice to ensure that it is valid and enforceable Here is a step-by-step guide on how to serve a Section 21 notice:
1 Check that you have grounds to serve a Section 21 notice
Before serving a Section 21 notice, you must ensure that you have grounds to do so You can serve a Section 21 notice if the tenancy is an assured shorthold tenancy (AST) and the fixed term has ended or is due to end It is important to check that you have met all of the legal requirements for serving a Section 21 notice, such as protecting the tenant’s deposit in a government-approved scheme and providing the tenant with a copy of the Energy Performance Certificate (EPC) for the property.
2 Serve the Section 21 notice in writing
The Section 21 notice must be served in writing to the tenant It is recommended to use recorded delivery or hand deliver the notice to ensure that it has been received by the tenant The notice must include details such as the date the notice is served, the date the tenant is required to vacate the property, and the landlord’s name and address.
3 Serve the Section 21 notice at the right time
You cannot serve a Section 21 notice within the first four months of the tenancy If the fixed term of the tenancy has ended, you must give at least two months’ notice in writing to the tenant If the tenancy is periodic, you must give at least two months’ notice in writing.
4 Use the correct form for serving the Section 21 notice
When serving a Section 21 notice, you must use the correct form For ASTs granted after October 1, 2015, you must use Form 6A how do you serve a section 21 notice. This form is available on the government’s website and must be completed correctly to be valid Ensure that all details are accurate and up to date before serving the notice to the tenant.
5 Keep evidence of serving the Section 21 notice
It is essential to keep evidence of serving the Section 21 notice to prove that you have followed the correct procedures This evidence could include a copy of the notice, proof of postage or delivery, and a record of the date the notice was served Keeping accurate records will help you in case the tenant disputes the validity of the notice.
6 Wait for the notice period to expire
Once you have served the Section 21 notice to the tenant, you must wait for the notice period to expire before taking any further action The notice period is usually two months, but it may be longer if the tenancy agreement specifies a longer notice period During this time, the tenant has the opportunity to find alternative accommodation and make arrangements to vacate the property.
7 Seek legal advice if the tenant does not vacate the property
If the tenant does not vacate the property after the Section 21 notice period has expired, you may need to seek legal advice to regain possession of the property You may need to apply to the court for a possession order, which will require a hearing before a judge It is essential to follow the correct procedures and provide all the necessary evidence to support your case.
In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property from tenants By following the correct procedures and ensuring that all legal requirements are met, you can serve a valid and enforceable Section 21 notice If you are unsure about how to serve a Section 21 notice, seek legal advice to ensure that you are following the correct processes and procedures.