If you’re a landlord looking to regain possession of your property in England, serving a Section 21 notice may be the most appropriate route A Section 21 notice is a legal notice that landlords can use to evict assured shorthold tenants after their fixed-term tenancy agreement has ended.
It’s important to note that serving a Section 21 notice is a crucial step in the eviction process, and it must be done correctly to avoid delays or legal complications Here’s a comprehensive guide on how to serve a Section 21 notice effectively:
1 Check that you meet the requirements
Before serving a Section 21 notice, you must ensure that you have met all the legal requirements These include:
– The property is in England
– The tenant’s deposit has been protected in a government-approved deposit protection scheme
– The tenant has been provided with a copy of the Energy Performance Certificate (EPC) and a current Gas Safety Certificate
– The tenant has been provided with a copy of the “How to Rent” guide
2 Give the correct notice period
The notice period required for a Section 21 notice depends on the type of tenancy agreement:
– For a fixed-term tenancy: the notice period is usually two months
– For a periodic tenancy: the notice period is usually two months, but it must end at the end of a rental period
3 Fill in the appropriate form
To serve a Section 21 notice, you must fill in Form 6A, also known as a “Notice seeking possession of a property let on an assured shorthold tenancy.” This form must be completed accurately and given to the tenant at least two months before the intended date of possession.
4 Serve the notice correctly
There are three ways to serve a Section 21 notice:
– Delivering it by hand: You can deliver the notice in person to the tenant or leave it at the property if the tenant is not present.
– Sending it by post: You can send the notice by first-class mail or recorded delivery how do you serve a section 21 notice. Make sure to keep proof of postage for your records.
– Using a professional process server: If you are unable to deliver the notice in person or by post, you can hire a professional process server to serve the notice on your behalf.
5 Keep evidence of service
After serving the Section 21 notice, it’s essential to keep evidence of service for your records This could include a witness statement, a certificate of posting, or a signed acknowledgment of receipt from the tenant.
6 Wait for the notice period to expire
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action If the tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order.
Overall, serving a Section 21 notice requires careful attention to detail and adherence to the legal requirements By following the steps outlined above, you can serve a Section 21 notice effectively and efficiently.