If you are a landlord in England and Wales looking to regain possession of your property, serving a Section 21 notice is a common procedure to start the process A Section 21 notice, also known as a “no-fault eviction notice,” allows a landlord to evict tenants without providing a reason However, it is essential to follow the correct procedures when serving a Section 21 notice to ensure that it is valid and enforceable In this guide, we will walk you through the steps on how to serve a Section 21 notice properly.
1 Check if you can serve a Section 21 notice
Before serving a Section 21 notice, make sure that you are eligible to do so You can only serve a Section 21 notice if your tenancy is an assured shorthold tenancy (AST) and you have protected the tenant’s deposit in a government-approved tenancy deposit scheme Additionally, you must provide the tenant with a copy of the “How to Rent” guide issued by the government at the start of the tenancy.
2 Provide the correct notice period
The notice period required for a Section 21 notice depends on the terms of the tenancy agreement If the tenancy is periodic, you must give at least two months’ notice If the tenancy is fixed-term, the notice cannot expire before the end of the fixed term Be sure to check the terms of the tenancy agreement and provide the correct notice period.
3 Complete the Section 21 notice form
To serve a Section 21 notice, you must use the prescribed Form 6A issued by the government You can download the form from the government’s website or obtain it from a stationery shop Fill in the form with the required information, including the address of the property, the names of the landlord and tenant, and the date the notice is served.
4 Serve the Section 21 notice correctly
Once you have completed the Section 21 notice form, you must serve it on the tenant correctly You can do this by delivering the notice by hand to the tenant or by sending it by first-class post how to serve section 21 notice. If you choose to post the notice, make sure to use a tracked or recorded delivery service to prove that the notice was delivered.
5 Keep proof of service
It is crucial to keep proof of service of the Section 21 notice in case the tenant disputes receiving it If you deliver the notice by hand, ask the tenant to sign a receipt confirming the date of service If you send the notice by post, keep a copy of the postage receipt and the tracking information This documentation will be essential if you need to prove that the notice was served correctly.
6 Wait for the notice to expire
Once you have served the Section 21 notice on the tenant, you must wait for the notice period to expire before taking further action The notice period starts from the day after the notice is served and must be at least two months During this time, the tenant has the opportunity to vacate the property voluntarily.
7 Seek a possession order
If the tenant does not leave the property voluntarily after the Section 21 notice expires, you can apply to the court for a possession order You can do this using the standard possession procedure, which involves completing a claim form and attending a court hearing If the court grants the possession order, the tenant will be required to leave the property by a specified date.
In conclusion, serving a Section 21 notice is a necessary step for landlords looking to regain possession of their property By following the correct procedures and ensuring that the notice is served correctly, you can increase the chances of a successful eviction Remember to check your eligibility to serve a Section 21 notice, provide the correct notice period, complete the prescribed form, serve the notice correctly, keep proof of service, wait for the notice to expire, and seek a possession order if necessary By following these steps, you can navigate the eviction process smoothly and regain possession of your property legally and effectively.
By following these steps, you can serve a Section 21 notice properly and start the process of evicting your tenant legally and effectively Serve the notice correctly, keep proof of service, wait for the notice to expire, and seek a possession order if necessary.