Landlords in the United Kingdom have a legal requirement to serve a Section 21 notice in order to evict a tenant who is on an Assured Shorthold Tenancy (AST) This process can be complex, so it’s crucial for landlords to understand the steps involved in serving a Section 21 notice correctly.
What is a Section 21 notice?
A Section 21 notice is a legal notice served by a landlord to a tenant, informing them that the landlord wishes to regain possession of the property at the end of the tenancy agreement It is commonly used by landlords when the tenant has not breached the tenancy agreement but the landlord simply wishes to end the tenancy.
When can a landlord serve a Section 21 notice?
A landlord can serve a Section 21 notice at any time during the tenancy agreement, but they must adhere to certain rules depending on the type of tenancy in place For ASTs, a Section 21 notice can only be served after the initial fixed term of the tenancy has ended.
How to serve a Section 21 notice
1 Provide the correct information
Before serving a Section 21 notice, landlords must ensure that they have provided the tenant with certain information, including a copy of the government’s “How to Rent” guide, an Energy Performance Certificate (EPC), and a Gas Safety Certificate.
2 Choose the correct form
Landlords must use the correct form when serving a Section 21 notice For ASTs that started on or after October 1, 2015, landlords must use Form 6A This form can be downloaded from the government’s website and must be filled out accurately.
3 Check the notice period
The notice period on a Section 21 notice must be at least two months, but it can be longer depending on the terms of the tenancy agreement serving section 21 notice. Landlords should check the terms of the agreement and ensure they provide the correct notice period.
4 Serve the notice correctly
Once the Section 21 notice has been filled out correctly, landlords must serve it to the tenant This can be done by delivering it in person, posting it through the letterbox, or sending it by first-class post Landlords should keep proof of service, such as a certificate of posting or a receipt from a courier service.
5 Wait for the notice period to expire
After serving the Section 21 notice, landlords must wait for the notice period to expire before taking any further action If the tenant does not vacate the property voluntarily, the landlord can apply to the court for a possession order.
What happens after serving a Section 21 notice?
If the tenant does not vacate the property after the notice period has expired, landlords can apply to the court for a possession order This process can be complex and time-consuming, so it’s crucial for landlords to seek legal advice if they encounter any difficulties.
It’s important for landlords to follow the correct procedures when serving a Section 21 notice, as any mistakes could result in the notice being invalid and delays in regaining possession of the property.
In conclusion, serving a Section 21 notice is a necessary step for landlords who wish to regain possession of their property from a tenant on an Assured Shorthold Tenancy By following the correct procedures and seeking legal advice if necessary, landlords can ensure a smooth and efficient process.