If you are a landlord in the UK looking to regain possession of your property, serving a section 21 notice is an essential step in the process. This notice allows you to evict your tenants without providing a reason, provided that you meet certain legal requirements. In this article, we will discuss everything you need to know about serving a section 21 notice.
What is a Section 21 notice?
A Section 21 notice is a legal notice served by a landlord to a tenant to regain possession of a property at the end of a fixed-term tenancy or during a periodic tenancy. Unlike a Section 8 notice, which requires a reason for eviction, a Section 21 notice allows landlords to evict tenants without specifying a reason.
When can a Section 21 notice be served?
In order to serve a Section 21 notice, certain conditions must be met:
1. The property must be an assured shorthold tenancy (AST) – Section 21 notices cannot be used for other types of tenancies.
2. The tenant’s deposit must be protected in a government-approved scheme and the prescribed information given to the tenant within 30 days of receiving the deposit.
3. The landlord must provide the tenant with a valid Energy Performance Certificate (EPC) and Gas Safety Certificate.
4. The tenant must have been provided with a copy of the government’s “How to Rent” guide at the beginning of the tenancy.
5. The Section 21 notice must give the tenant at least two months’ notice to vacate the property.
It is important to note that landlords are unable to serve a Section 21 notice within the first four months of the tenancy. Additionally, if a local authority has issued an improvement notice or a notice of emergency remedial action, landlords are prohibited from serving a section 21 notice for six months following the notice.
How to serve a Section 21 notice
Serving a Section 21 notice must be done correctly in order to be valid. The notice can be served in two ways:
1. Form 6A – The most common way to serve a Section 21 notice is by using Form 6A, which is available on the government’s website. The form must be completed accurately and served to the tenant in writing. It is important to keep proof of service, such as a signed acknowledgment of receipt or proof of postage.
2. Private Landlord – If you are a private landlord, you may serve the Section 21 notice yourself. However, it is recommended to seek legal advice to ensure that the notice is valid and legally binding.
What happens after serving a Section 21 notice?
After serving a Section 21 notice, the tenant has two months to vacate the property. If the tenant does not leave voluntarily, landlords must seek a possession order from the court. It is important to follow the correct legal procedures and timelines when applying for a possession order to avoid delays.
If the court grants a possession order, the tenant will be required to vacate the property by a specific date. If the tenant fails to leave by the specified date, landlords can apply for a warrant of possession, which allows bailiffs to evict the tenant forcibly.
In conclusion, serving a Section 21 notice is an essential step for landlords looking to regain possession of their property. By ensuring that all legal requirements are met and the notice is served correctly, landlords can evict tenants without providing a reason. It is important to follow the correct procedures and seek legal advice if necessary to avoid delays and complications in the eviction process.