If you’re a landlord looking to regain possession of your property, serving a Section 21 notice is usually the most straightforward option. A Section 21 notice is used to evict a tenant after their fixed-term tenancy agreement has ended or if they’re on a rolling periodic tenancy. However, serving this notice isn’t as simple as just handing a piece of paper to the tenant. There are specific rules and procedures that must be followed to ensure the notice is valid. In this article, we’ll walk you through the steps on how to serve a section 21 notice effectively.
1. Check your eligibility to serve a Section 21 notice
Before serving a Section 21 notice, it’s essential to make sure that you meet all the legal requirements. For example, you must have protected your tenant’s deposit in a government-approved scheme, provided the tenant with a valid Energy Performance Certificate (EPC) and a copy of the latest gas safety certificate. You also can’t serve a Section 21 notice within the first four months of the tenancy agreement.
2. Choose the right type of Section 21 notice
There are two types of Section 21 notices: Form 6a for properties in England and Form 6b for properties in Wales. Make sure you use the correct form depending on the location of your property. These forms can be downloaded from the government’s website for free.
3. Serve the Section 21 notice in writing
A Section 21 notice must be served to the tenant in writing. You can do this by either handing it to the tenant in person or sending it by post. It’s a good idea to use recorded delivery or get proof of postage to confirm that the notice has been received by the tenant.
4. Include all the necessary information in the notice
When drafting the Section 21 notice, make sure to include all the relevant information, such as the address of the property, the date the notice is served, the date the tenant is required to leave, and the reason for eviction (without giving specific grounds). Providing detailed and accurate information will help prevent any disputes in the future.
5. Give the required notice period
The notice period you need to give the tenant will depend on the type of tenancy agreement they have. For a periodic tenancy, you must give at least two months’ notice. If the fixed-term tenancy has ended, you can serve the notice at any time, but the notice period must be at least two months.
6. Keep a record of serving the notice
It’s crucial to keep a record of how and when you served the Section 21 notice. This will help you prove that you followed the correct procedures in case there’s a dispute with the tenant. You should also make a copy of the notice for your records.
7. Seek legal advice if necessary
If you’re unsure about any part of serving a Section 21 notice or if you’re facing resistance from the tenant, it’s a good idea to seek legal advice. A solicitor specialising in landlord and tenant law can provide you with guidance and support throughout the eviction process.
By following these steps, you can serve a Section 21 notice effectively and regain possession of your property lawfully. Remember to always adhere to the legal requirements and procedures to avoid any complications or delays in the eviction process. Evicting a tenant can be a challenging and stressful experience, but with the right approach and guidance, you can navigate the process successfully.