If you are a landlord looking to regain possession of your property from your tenants, serving a Section 21 notice is often the most straightforward way to do so. A Section 21 notice, also known as a “no-fault eviction notice,” allows you to evict tenants without giving a reason. However, it is essential to follow the correct procedures when serving a Section 21 notice to ensure that it is legally valid. In this article, we will provide you with a step-by-step guide on how to serve a section 21 notice effectively.
Step 1: Check if you can serve a Section 21 notice
Before serving a Section 21 notice, you must ensure that you have met all the legal requirements. These include:
– The tenancy agreement is an assured shorthold tenancy (AST).
– The deposit has been protected in a government-approved deposit protection scheme.
– The property has an up-to-date Gas Safety Certificate.
– You have provided the tenants with a copy of the EPC, gas safety certificate, and the government’s “How to Rent” guide.
If these requirements have not been met, you will not be able to serve a Section 21 notice until they have been addressed.
Step 2: Serve the correct notice
There are two types of Section 21 notices: Section 21(1) and Section 21(4). The notice you need to serve will depend on the type of tenancy agreement you have with your tenants. If your tenancy agreement started before October 1, 2015, you will need to serve a Section 21(4) notice. If it started after this date, you will need to serve a Section 21(1) notice.
Step 3: Provide the correct notice period
The notice period you must give your tenants will depend on the type of tenancy agreement you have and whether you are serving a Section 21(1) or Section 21(4) notice. For a Section 21(1) notice, you must give at least two months’ notice. For a Section 21(4) notice, you must give at least two months’ notice, but the notice period may be longer if specified in the tenancy agreement.
Step 4: Use the correct form
To serve a Section 21 notice, you will need to use Form 6A if you are serving a Section 21(1) notice or Form 6 if you are serving a Section 21(4) notice. These forms can be downloaded from the government’s website and must be completed accurately.
Step 5: Serve the notice correctly
You can serve a Section 21 notice either in person or by post. If serving in person, you can hand the notice to the tenants directly or affix it to the front door of the property if they are not present. If serving by post, it is recommended to use recorded delivery to ensure that the notice has been received.
Step 6: Keep records of serving the notice
It is crucial to keep thorough records of how and when you served the Section 21 notice. This includes copies of the notice itself, proof of postage if served by post, and any correspondence between you and the tenants regarding the notice.
Step 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. During this time, you should not accept any rent payments from the tenants, as this may invalidate the notice.
Step 8: Apply to the court for a possession order
If the tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order. The court will review the case and, if satisfied, grant you a possession order, giving the tenants a specified period to vacate the property.
In conclusion, serving a Section 21 notice can be a relatively straightforward process if you follow the correct procedures. By ensuring that you have met all the legal requirements, serving the correct notice, providing the correct notice period, using the correct form, serving the notice correctly, keeping accurate records, and applying to the court if necessary, you can effectively regain possession of your property from your tenants.