When it comes to renting out a property, landlords must follow specific legal procedures to evict tenants smoothly and legally One essential step in the eviction process is serving a Section 21 notice This notice is used by landlords in England to inform tenants that they want possession of the property after the fixed term of the tenancy agreement ends In this article, we will discuss the steps to serve a Section 21 notice correctly.
What is a Section 21 notice?
A Section 21 notice, also known as a “no-fault eviction notice,” is used when a landlord wants to evict a tenant without giving a reason Landlords can serve this notice to tenants who have an assured shorthold tenancy (AST) agreement It is crucial to note that a Section 21 notice cannot be used during the fixed term of the tenancy agreement It can only be served after the fixed term ends or during a periodic tenancy.
Steps to serve a Section 21 notice:
1 Check the validity of your Section 21 notice:
Before serving a Section 21 notice, landlords must ensure that it is valid To be valid, the following conditions must be met:
– The landlord must protect the tenant’s deposit in a government-approved scheme.
– The landlord must provide the tenant with the relevant documents, including the gas safety certificate, Energy Performance Certificate (EPC), and the government’s “How to rent” guide.
– The notice must be in writing and clearly state that it is a Section 21 notice.
– The notice must give the tenant at least two months’ notice to vacate the property.
2 Choose the right type of Section 21 notice:
There are two types of Section 21 notices: Form 6A and Form 6 Form 6A is used for ASTs that started on or after October 1, 2015, while Form 6 is used for ASTs starting before that date Landlords must use the correct form for their tenancy agreement to avoid any legal complications.
3 Serve the Section 21 notice to the tenant:
Once the notice is prepared, landlords must serve it to the tenant correctly how to serve section 21 notice. The notice can be served either by hand delivery, post, or email if the tenancy agreement allows it It is advisable to use a signed-for delivery service or hand-deliver the notice to ensure proof of service.
4 Keep proof of service:
Landlords must keep a record of how and when the Section 21 notice was served to the tenant This can include a copy of the notice, a receipt from a signed-for delivery service, or a witness statement if the notice was hand-delivered Having proof of service is essential in case the eviction process needs to escalate to court.
5 Check the expiry date of the notice:
The Section 21 notice must give the tenant at least two months’ notice before the date the landlord wants possession of the property Landlords must ensure that the notice period is accurate and that the notice expiry date is clearly stated in the notice.
6 Follow up with the tenant:
After serving the Section 21 notice, landlords should follow up with the tenant to ensure they have received and understood the notice It is also advisable to open a line of communication with the tenant to discuss their plans and any potential issues that may arise during the eviction process.
In conclusion, serving a Section 21 notice is a critical step in the eviction process for landlords in England By following the steps outlined above and ensuring the notice is valid and correctly served, landlords can protect their interests and evict tenants legally Landlords should always seek legal advice or consult with a professional before serving a Section 21 notice to avoid any potential pitfalls in the eviction process.