As a landlord, there may come a time when you need to regain possession of your property. One way to do this is by serving a Section 21 notice to your tenants. A Section 21 notice is a legal document that landlords can use to end an Assured Shorthold Tenancy (AST) without giving a reason, also known as a “no-fault eviction”. In this article, we will guide you on how to properly serve a Section 21 notice.
Before starting the process, it’s important to note that there are certain conditions that must be met in order to serve a valid Section 21 notice. These conditions include:
1. The tenancy agreement must be an Assured Shorthold Tenancy (AST).
2. The tenants must have been given a copy of the government’s “How to rent” guide.
3. The deposit must be protected in a government-approved scheme and the prescribed information must have been provided to the tenants.
4. The property must have an up-to-date Gas Safety Certificate.
5. The property must have an Energy Performance Certificate (EPC).
Once you have ensured that all the requirements are met, you can proceed with serving the Section 21 notice. Here’s how to do it:
Step 1: Choose the right form
In order to serve a Section 21 notice, you will need to use either Form 6A (for properties in England) or Form 6 (for properties in Wales). These forms can be downloaded from the government’s official website or obtained from a stationery shop.
Step 2: Fill out the form
The form must include details such as the address of the property, the names of the tenants, the date the notice is being served, and the date on which you want the tenants to leave the property (which must be at least two months from the date the notice is served).
Step 3: Serve the notice
There are several ways in which you can serve the Section 21 notice to your tenants:
1. Delivering it by hand: You can personally deliver the notice to the tenants either by hand or through an agent.
2. Sending it by post: You can send the notice to the tenants via registered post or recorded delivery.
3. Emailing it: If the tenancy agreement allows for communication via email, you can also serve the notice electronically.
It is important to keep a record of how and when the notice was served in case there are any disputes in the future.
Step 4: Wait for the notice period to expire
Once the notice has been served, you must wait for the notice period to expire before taking any further action. The notice period is usually two months, but it can be longer if stated in the tenancy agreement.
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. It is worth noting that landlords must adhere to strict legal procedures when seeking possession, so it is advisable to seek legal advice before taking any legal action.
In conclusion, serving a Section 21 notice is a legal process that must be done correctly in order to be valid. By following the steps outlined in this article and ensuring that all the necessary requirements are met, landlords can effectively regain possession of their property. If you are unsure about how to serve a section 21 notice, it is best to seek advice from a legal professional to avoid any potential issues in the future.