If you are a landlord looking to regain possession of your property in England or Wales, serving a Section 21 notice may be the most straightforward way to do so A Section 21 notice is a legal notice that allows landlords to evict tenants without providing a reason, as long as they follow the correct procedures However, serving a Section 21 notice requires careful attention to detail and adherence to specific guidelines to ensure it is valid and enforceable In this article, we will provide you with a step-by-step guide on how to serve a Section 21 notice effectively.
Step 1: Check that you have the right to serve a Section 21 notice
Before serving a Section 21 notice, it is essential to confirm that you have the legal right to do so You can serve a Section 21 notice if your tenants are on an assured shorthold tenancy (AST) and the fixed term of their tenancy has ended If your tenants are still within the fixed term of their tenancy, you cannot serve a Section 21 notice until the fixed term has expired.
Step 2: Provide your tenants with the necessary documents
Before serving a Section 21 notice, you must ensure that you have provided your tenants with certain key documents, including an up-to-date copy of the government’s “How to Rent” guide, an Energy Performance Certificate (EPC), and a Gas Safety Certificate (if applicable) Failure to provide these documents can render your Section 21 notice invalid.
Step 3: Use the correct form and wording
To serve a Section 21 notice, you will need to use a Form 6A, which is the prescribed form for giving notice under Section 21 of the Housing Act 1988 When completing the form, make sure to include the correct details, such as the address of the property, the date on which the notice is served, and the date on which possession is required It is crucial to use the correct wording and follow the instructions carefully to ensure the notice is valid.
Step 4: Serve the notice correctly
To serve a Section 21 notice, you must deliver it to your tenants in the correct manner You can serve the notice either in person, by post, or through a recognized delivery service such as recorded delivery how do you serve a section 21 notice. If you choose to serve the notice by post, make sure to use a method that provides proof of postage and delivery, such as recorded or special delivery.
Step 5: Keep thorough records
It is essential to keep thorough records of how and when you served the Section 21 notice This can include copies of the notice itself, proof of postage or delivery, and any correspondence with your tenants regarding the notice Keeping detailed records can help demonstrate that you have followed the correct procedures in the event of a dispute.
Step 6: Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action The notice period is usually at least two months, but it can be longer if specified in the tenancy agreement If your tenants do not vacate the property voluntarily by the end of the notice period, you may need to seek a possession order from the court to regain possession legally.
Step 7: Seek legal advice if necessary
If your tenants do not vacate the property after the notice period has expired, or if they dispute the validity of the Section 21 notice, you may need to seek legal advice to navigate the eviction process successfully An experienced property solicitor can help you understand your rights and obligations as a landlord and guide you through the court proceedings if necessary.
In conclusion, serving a Section 21 notice is a useful tool for landlords looking to regain possession of their property By following the steps outlined in this guide and ensuring that you comply with all legal requirements, you can serve a Section 21 notice effectively and efficiently Remember to check your tenancy agreement, provide the necessary documents, use the correct form and wording, serve the notice correctly, keep thorough records, wait for the notice period to expire, and seek legal advice if necessary By doing so, you can protect your rights as a landlord and regain possession of your property lawfully.
By following these steps, you can serve a Section 21 notice effectively and regain possession of your property in a compliant and lawful manner.