If you are a landlord looking to gain possession of your property from your tenants, serving a Section 21 notice may be the right course of action. A Section 21 notice is a legal document that allows a landlord to end an Assured Shorthold Tenancy (AST) without having to provide a reason. It is important 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:
Step 1: Check the Tenancy Agreement
Before serving a Section 21 notice, you must ensure that the tenancy agreement is an AST and that it is a valid one. The agreement must be in writing, signed by both parties, and the tenant must have been given certain information such as an Energy Performance Certificate and the government’s “How to Rent” guide. If the tenancy agreement does not meet these requirements, you will not be able to serve a Section 21 notice.
Step 2: Give the Correct Notice Period
The length of the notice period you must give depends on the terms of the tenancy agreement. If the tenancy started on or after October 1, 2015, you must give at least two months’ notice. The notice period must expire after the fixed term of the tenancy has ended. For example, if the fixed term is six months, you cannot serve a Section 21 notice until after the sixth month of the tenancy.
Step 3: Use the Correct Form
When serving a Section 21 notice, you must use the correct form. For ASTs that started on or after October 1, 2015, you must use Form 6A. This form is available on the government’s website and must be filled out correctly with all the required information. Make sure to provide the correct details of the property, the names of the tenants, and the date the notice is served.
Step 4: Serve the Notice Correctly
There are several ways in which you can serve a Section 21 notice to your tenants. You can serve the notice in person, by post, or by email. If serving the notice in person, it is recommended to have a witness present to confirm that the notice was served. If serving by post, use a tracked or recorded delivery service to ensure that the notice is received. When serving by email, request a read receipt to confirm that the notice has been opened.
Step 5: Keep Records
It is crucial to keep detailed records of how and when the Section 21 notice was served. This includes keeping copies of the notice, any evidence of posting or email delivery, and any communication with the tenants regarding the notice. These records will be important if the matter is taken to court, as you will need to prove that the notice was served correctly.
Step 6: 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. During this time, you cannot evict the tenants or take any steps to force them to leave the property. If the tenants do not vacate the property voluntarily by the end of the notice period, you may need to apply to the court for a possession order.
In conclusion, serving a Section 21 notice can be a complex process, and it is important to follow the correct procedures to ensure that the notice is valid and enforceable. By checking the tenancy agreement, giving the correct notice period, using the correct form, serving the notice correctly, keeping records, and waiting for the notice period to expire, you can successfully serve a Section 21 notice and regain possession of your property.