If you are a landlord looking to regain possession of your property in England, serving a Section 21 notice is a common way to begin the eviction process A Section 21 notice, also known as a “no-fault eviction notice,” is used when a landlord wants their tenants to move out at the end of their tenancy agreement However, serving a Section 21 notice must be done correctly in order to be valid and enforceable In this article, we will discuss how to serve a Section 21 notice properly.
1 Understand the Requirements
Before serving a Section 21 notice, it is essential to understand the legal requirements that must be met in order for the notice to be valid These requirements include:
– The property must be an assured shorthold tenancy (AST).
– The deposit must be protected in a government-approved scheme.
– The tenants must have been provided with the required documents, including an Energy Performance Certificate (EPC), a gas safety certificate, and the government’s “How to Rent” guide.
– The notice period must be at least two months.
2 Choose the Correct Form
There are two different forms that can be used to serve a Section 21 notice: Form 6A and Form 3 Form 6A is the most commonly used form and should be used for ASTs that began or were renewed on or after October 1, 2015 Form 3 is used for ASTs that began before this date.
3 Serve the Notice Properly
Once you have chosen the correct form, you must serve the Section 21 notice to your tenants properly how do you serve a section 21 notice. The notice can be served:
– By hand delivery: The notice can be delivered by hand to the tenant or posted through the letterbox of the property.
– By first-class mail: The notice can be sent by first-class mail to the tenant’s last known address.
– By email: If the tenancy agreement allows for it, the notice can be sent via email.
It is important to keep evidence of how the notice was served, such as proof of postage or a record of the hand delivery.
4 Check the Notice Period
When serving a Section 21 notice, it is crucial to check the notice period The notice period must be at least two months and must expire after the fixed term of the tenancy has ended For example, if the fixed term of the tenancy ends on the 31st of December, the notice period must expire after the 31st of December.
5 Follow the Correct Procedures
In addition to serving the Section 21 notice correctly, landlords must also follow the correct procedures when evicting tenants This includes obtaining a possession order from the court if the tenants do not leave by the end of the notice period Landlords cannot evict tenants themselves or change the locks without a court order.
In conclusion, serving a Section 21 notice is an essential step in the eviction process for landlords in England By understanding the legal requirements, choosing the correct form, serving the notice properly, checking the notice period, and following the correct procedures, landlords can ensure that their Section 21 notice is valid and enforceable If you are unsure about how to serve a Section 21 notice, it is recommended to seek legal advice to avoid any potential issues in the eviction process.