If you are a landlord looking to regain possession of your property in England using the Section 21 route, it is essential to understand the process of serving a Section 21 notice correctly A Section 21 notice is a legal document that informs your tenants that you wish to regain possession of the property after the fixed term of the tenancy has expired In this article, we will provide you with a comprehensive guide on how to serve a Section 21 notice effectively.
Before serving a Section 21 notice, there are several requirements that landlords must meet:
1 The tenancy must be an Assured Shorthold Tenancy (AST) – Section 21 notice can only be used for ASTs.
2 The deposit must be protected in a government-approved scheme – If you have taken a deposit from your tenants, you must ensure that it is protected in a deposit protection scheme within 30 days of receiving it Failure to do so can result in you being unable to serve a Section 21 notice.
3 Provide the tenants with a copy of the EPC, gas safety certificate, and How to Rent guide – Before serving a Section 21 notice, you must provide your tenants with a valid Energy Performance Certificate (EPC), a gas safety certificate, and the government’s How to Rent guide.
Once you have met the above requirements, you can proceed with serving the Section 21 notice Here is a step-by-step guide on how to serve a Section 21 notice:
1 Choose the correct notice – There are two types of Section 21 notices: Form 6A for tenancies that started after 1st October 2015, and the old Section 21 notice for tenancies that started before this date Make sure you use the correct form for your tenancy.
2 Serve the notice in writing – The Section 21 notice must be served to the tenants in writing You can do this by handing it to them in person, sending it by post, or using an email if the tenancy agreement allows for it.
3 serving section 21 notice. Provide the correct notice period – The notice period for a Section 21 notice is a minimum of two months This means that you must give your tenants at least two months’ notice before you can apply to the court for possession.
4 Check the expiry date – Make sure to check the expiry date on the Section 21 notice The notice must expire after the fixed term of the tenancy has ended, and you cannot apply to the court until the expiry date has passed.
5 Keep proof of service – It is essential to keep proof that you have served the Section 21 notice to the tenants This can include a certificate of posting if sent by post or a receipt if delivered in person.
6 Apply to the court for possession – If the tenants do not vacate the property after the expiry of the Section 21 notice, you will need to apply to the court for possession The court will then issue a possession order, giving the tenants a deadline to leave the property.
Serving a Section 21 notice can be a complicated process, and it is essential to ensure that you follow all the legal requirements to avoid any delays or issues with regaining possession of your property If you are unsure about how to serve a Section 21 notice correctly, it is advisable to seek legal advice from a solicitor specialising in landlord and tenant law.
In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property as a landlord By following the correct procedure and meeting all the legal requirements, you can effectively serve a Section 21 notice and begin the process of recovering your property Remember to keep detailed records of all communications with your tenants and seek legal advice if needed to ensure a smooth and successful eviction process.
Now that you have a comprehensive guide on serving a Section 21 notice, you can confidently proceed with reclaiming possession of your property from tenants who have breached their tenancy agreement.