When a landlord wishes to regain possession of their property in England and Wales, they must serve a Section 21 notice to their tenants. This notice allows the landlord to evict the tenants without having to provide a reason, as long as certain conditions are met.
If you are a landlord looking to serve a Section 21 notice, it is crucial to follow the correct procedures to ensure that the notice is valid and legally enforceable. Here is a step-by-step guide on how to serve section 21 notice:
1. Verify that you can serve a Section 21 notice: Before serving the notice, make sure that you are eligible to do so. You must have protected your tenant’s deposit in a government-approved scheme, provided them with a valid Energy Performance Certificate (EPC), and given them a copy of the government’s “How to Rent” guide.
2. Check the type of tenancy: Section 21 notices apply to assured shorthold tenancies (ASTs). If your tenancy is not an AST, you will need to use a different eviction procedure.
3. Give proper notice: You must provide your tenants with at least two months’ notice in writing before applying for a possession order with the court. The notice period must end on the last day of the tenancy period, and the notice should be served in the correct form.
4. Use the correct form: The Section 21 notice must be served using Form 6A, which is the prescribed form for this purpose. Make sure to fill out the form accurately and provide all the necessary information, including the date the notice is served and the date it expires.
5. Serve the notice correctly: The notice should be served to all tenants named on the tenancy agreement in person, by post, or by email if agreed upon in advance. It is recommended to use recorded delivery or get proof of postage to ensure that the notice has been received.
6. Keep a record of service: It is important to keep a record of how and when the Section 21 notice was served. This can include a copy of the notice, proof of postage, and any written confirmation of receipt from the tenant.
7. Wait for the notice to expire: Once the notice has been served, you must wait for the two-month notice period to expire before taking any further action. During this time, you may not try to evict the tenants or harass them in any way.
8. Apply for a possession order: If the tenants do not vacate the property after the notice period has ended, you can apply to the court for a possession order. You will need to provide evidence that the Section 21 notice was served correctly and that the notice period has expired.
9. Attend the court hearing: If your application for a possession order is contested by the tenants, you may need to attend a court hearing to present your case. The court will consider the evidence provided and make a decision on whether to grant the possession order.
10. Seek advice if needed: If you are unsure about any aspect of serving a Section 21 notice or applying for a possession order, it is recommended to seek advice from a legal professional or a housing charity. They can provide guidance on the correct procedures to follow and help you navigate the eviction process.
In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property as a landlord. By following the correct procedures and ensuring that the notice is served correctly, you can increase the chances of a successful eviction. Remember to keep records of service, comply with the notice period, and seek advice if needed to ensure a smooth eviction process.