One of the most common reasons a landlord may want to regain possession of their property is when their tenant’s fixed-term tenancy agreement is coming to an end or if they are on a periodic tenancy. In such cases, serving a section 21 notice is a legal requirement that must be followed to proceed with the eviction process.
What is a Section 21 Notice?
A Section 21 notice, also known as a “Notice Requiring Possession”, is a legal document that a landlord can serve to terminate a tenancy agreement without providing a reason. This notice can only be used to regain possession of a property after the fixed term of the tenancy has come to an end or during a periodic tenancy.
When Can a Section 21 Notice Be Served?
To serve a Section 21 notice, certain conditions must be met:
1. The tenancy must be an assured shorthold tenancy (AST).
2. The tenancy agreement must be in writing.
3. The tenant’s deposit must be protected in a government-approved scheme and the prescribed information provided to the tenant.
4. The landlord must provide the tenant with the relevant documents at the start of the tenancy, including an Energy Performance Certificate (EPC) and a Gas Safety Certificate.
If all the conditions are met, a landlord can serve a Section 21 notice at any time during the tenancy, but it cannot end before the fixed term of the tenancy expires. The notice must give the tenant at least two months’ notice to vacate the property, and it cannot expire before the end of the fixed term.
How to Serve a Section 21 Notice
There are two ways a landlord can serve a Section 21 notice: using Form 6A or by writing a letter.
1. Using Form 6A: This is the most common method of serving a section 21 notice. Form 6A is a government-approved form that can be downloaded from the official website or obtained from a legal stationery shop. The form must be completed accurately and served to the tenant personally or by post.
2. Writing a Letter: If a landlord opts to write a letter instead of using Form 6A, it must include all the required information, such as the address of the rental property, the date the notice is served, the date the tenant must vacate the property, and the landlord’s contact details.
It is essential to keep proof of service, such as a recorded delivery receipt or a witness statement, to prove that the notice was served on the tenant.
What Happens After Serving a Section 21 Notice?
After serving a section 21 notice, the tenant must vacate the property by the specified date. If the tenant fails to leave, the landlord can apply to the court for a possession order. If the court grants the possession order, the tenant will have a specified period to vacate the property, failing which the landlord can request a bailiff to evict the tenant.
It’s important to note that a landlord cannot use a Section 21 notice as a retaliatory eviction or to evict a tenant who has raised legitimate concerns about the property’s condition. If a landlord fails to meet their legal obligations, such as providing a valid EPC or Gas Safety Certificate, they may not be able to rely on a Section 21 notice to evict the tenant.
The Bottom Line
Serving a Section 21 notice is a crucial step in regaining possession of a property from a tenant. It is essential to follow the correct procedure and ensure that all legal requirements are met to avoid any complications or delays in the eviction process. If you are unsure about serving a Section 21 notice, it is advisable to seek legal advice to ensure that you are compliant with the law.