As a landlord, serving a Section 21 notice is an essential step in reclaiming possession of your property This notice allows you to evict a tenant without giving a reason, provided that you have met all the legal requirements However, serving a Section 21 notice can be a complex process, and it’s crucial to follow the correct steps to ensure that your notice is valid In this guide, we will walk you through the process of serving a Section 21 notice, from start to finish.
1 Understand the Requirements
Before serving a Section 21 notice, it’s important to understand the requirements You can only serve a Section 21 notice if your tenancy is an assured shorthold tenancy (AST) and your tenant has been living in the property for at least six months Additionally, you must provide your tenant with a valid gas safety certificate, an Energy Performance Certificate (EPC), and a copy of the government’s “How to Rent” guide.
2 Check the Tenancy Agreement
Before serving a Section 21 notice, you should check your tenancy agreement to ensure that you have complied with all its terms Make sure that you have provided your tenant with the required notice period, which is usually two months Additionally, ensure that your notice is not being served during the fixed term of the tenancy, as this could make it invalid.
3 Complete the Notice Form
To serve a Section 21 notice, you must complete Form 6A, which is the prescribed form for serving a Section 21 notice This form can be downloaded from the GOV.UK website and must be filled out accurately with all the required information Make sure to provide the correct details of the property, the names of the landlord and tenant, and the date on which the notice is being served.
4 Serve the Notice
Once you have completed Form 6A, you must serve the notice to your tenant how to serve a section 21 notice. You can do this by either delivering it in person or sending it by post If you choose to deliver the notice in person, you should ask your tenant to sign a proof of service to confirm that they have received the notice Alternatively, if you send the notice by post, you should use a method that provides proof of postage, such as recorded delivery.
5 Keep Records
It’s crucial to keep detailed records of how and when you served the Section 21 notice This includes keeping a copy of the notice form, proof of service (if served in person), and proof of postage (if sent by post) These records will be essential in case you need to prove that you have followed the correct procedures in the event of a dispute.
6 Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before you can take any further action The notice period is usually two months but can be longer in certain circumstances During this time, your tenant has the opportunity to vacate the property voluntarily, and you should not take any steps to evict them until the notice period has ended.
7 Apply to the Court
If your tenant fails to vacate the property by the end of the notice period, you can apply to the court for a possession order You will need to complete a claim form and provide evidence that you have served a valid Section 21 notice The court will then schedule a hearing, where a judge will decide whether to grant you possession of the property.
By following these steps, you can serve a Section 21 notice correctly and legally Remember to always seek legal advice if you are unsure about any aspect of the process.