As a landlord, serving a section 21 notice is a crucial step in the process of regaining possession of your property Whether it’s because you want to sell the property, move back in, or simply end the tenancy, serving a section 21 notice is a legal requirement that must be followed correctly in order to be effective.
What is Section 21 Notice?
A section 21 notice is a notice that a landlord can serve to their tenants to end an assured shorthold tenancy (AST) agreement This type of notice is often used when the fixed term of a tenancy has come to an end and the landlord wants to gain possession of the property without having to provide a reason.
When Can You Serve a Section 21 Notice?
In order to serve a section 21 notice, certain conditions must be met These conditions include:
1 The tenancy is an assured shorthold tenancy.
2 The fixed term of the tenancy has come to an end, or it is a periodic tenancy.
3 The appropriate notice period has been given – at least two months.
It’s important to note that you cannot serve a section 21 notice within the first four months of a tenancy, and you must provide the tenant with certain documents such as an Energy Performance Certificate (EPC) and a copy of the government’s “How to Rent” guide.
How to Serve a Section 21 Notice
When serving a section 21 notice, there are a few key steps that must be followed to ensure that it is valid:
1 Use the correct form – A section 21 notice must be served using the prescribed form, which is Form 6a for a standard AST This form can be downloaded from the government’s website and must be completed accurately.
2 Serve the notice in writing – A section 21 notice must be served in writing to the tenant You can do this by either delivering the notice in person, sending it by post, or by email if the tenant has agreed to this method of communication.
3 serving section 21 notice. Provide the correct notice period – The notice period for a section 21 notice is at least two months This means that the tenant must be given at least two months’ notice before the date on which you want them to vacate the property.
4 Check the dates – It’s crucial to ensure that the dates on the section 21 notice are correct The notice period must end on the last day of a tenancy period, which is usually the day before the rent is due.
5 Keep proof of service – Make sure to keep a record of how and when the section 21 notice was served to the tenant This may include a certificate of posting if sent by post, or a witness statement if delivered in person.
What Happens After Serving a Section 21 Notice?
Once a section 21 notice has been served, the tenant is required to vacate the property by the date specified in the notice If the tenant fails to leave by this date, the landlord can then apply to the court for a possession order.
It’s important to note that the courts may not grant possession if the section 21 notice has not been served correctly or if the landlord has failed to meet certain legal requirements This is why it’s crucial to follow the correct procedures when serving a section 21 notice to ensure a smooth and successful eviction process.
In conclusion, serving a section 21 notice is a necessary step for landlords who wish to regain possession of their property By following the correct procedures and ensuring that all legal requirements are met, landlords can effectively end a tenancy and regain control of their property.