As a landlord in the UK, there may come a time when you need to serve a Section 21 notice in order to regain possession of your property. A Section 21 notice is often used when a landlord wants to evict a tenant after their fixed-term tenancy agreement has ended, or during a periodic tenancy. Serving a Section 21 notice can be a complex process, so it is important to follow the correct steps to ensure that the notice is valid and legally binding.
Here is a step-by-step guide on how to serve a section 21 notice:
1. Check that you can serve a Section 21 notice
Before serving a Section 21 notice, you must ensure that you have met all the legal requirements. This includes ensuring that the tenant has received the necessary documents at the start of the tenancy, such as the gas safety certificate, the Energy Performance Certificate (EPC), and the government’s “How to Rent” guide.
Additionally, the property must have a valid license (if required), and the deposit must be protected in a government-approved scheme and the prescribed information regarding the deposit must have been provided to the tenant.
2. Check the type of tenancy
A Section 21 notice cannot be served if the tenant is within the fixed term of their tenancy agreement (unless there is a break clause allowing for early termination). If the fixed term has ended, the tenancy will automatically become a periodic tenancy, and you can then serve a Section 21 notice if you wish to evict the tenant.
3. Give the correct notice period
The notice period required for a Section 21 notice will depend on when the notice is served and the terms of the tenancy agreement. For a periodic tenancy, the notice period must be at least two months. If the fixed term has ended and the tenancy is now periodic, you must give the tenant at least two months’ notice.
4. Complete the Section 21 notice form
To serve a Section 21 notice, you must use the correct form. This can be either Form 6A for an assured shorthold tenancy in England, or Form AT6 for a private residential tenancy in Scotland. The form must clearly state that it is a Section 21 notice, and include all the relevant details such as the property address, the date the notice was served, and the date by which the tenant must vacate the property.
5. Serve the notice correctly
Once the Section 21 notice form has been completed, it must be served to the tenant in the correct way. This can be done by handing the notice to the tenant in person, posting it through their letterbox, or sending it by recorded delivery. It is recommended to use a method that provides proof of service, such as recorded delivery, to ensure that the notice is 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 will be crucial evidence in case there is a dispute over the notice in the future. Make sure to keep copies of the completed notice form and any proof of service, such as a receipt from recorded delivery.
7. Seek legal advice if necessary
If you are unsure about the process of serving a Section 21 notice, or if you encounter any difficulties along the way, it is advisable to seek legal advice. A solicitor who specializes in landlord and tenant law will be able to provide guidance and ensure that you are following the correct procedures.
By following these steps, you can serve a Section 21 notice in a legally compliant and effective manner. It is important to remember that serving a Section 21 notice is a serious matter, and should only be done as a last resort when all other options have been exhausted. If you are unsure about any aspect of the process, seek legal advice to ensure that you are acting within the law.
Serving a Section 21 notice can be a complex and daunting process, but by following the correct steps and seeking legal guidance when needed, you can ensure that the notice is served correctly and legally binding.