If you are a landlord in the UK, you know that there are certain legal procedures you must follow when you want to end a tenancy. One of the most common ways to regain possession of your property is by serving a Section 21 notice, also known as an s21 notice form. In this article, we will discuss what the s21 notice form is and how to use it effectively.
What is an s21 notice form?
An s21 notice form is a legal document that a landlord can use to end an assured shorthold tenancy in England and Wales. It allows you to evict your tenants without having to provide a reason, as long as you follow the correct procedures. The notice must be in writing and give the tenant at least two months’ notice to vacate the property.
When can you use an s21 notice form?
You can use an s21 notice form if your tenants have an assured shorthold tenancy agreement, and the fixed term of the tenancy has ended or is coming to an end. You can also use it if you have a periodic tenancy, meaning the fixed term has rolled over into a monthly or weekly tenancy, and you wish to regain possession of the property.
How to serve an s21 notice form
To serve an s21 notice form correctly, you must follow these steps:
1. Give the tenant the correct notice period: The notice period must be at least two months. If the tenant pays rent on a different day of the month than when they signed the tenancy agreement, you must adjust the notice period accordingly.
2. Use the correct form: You must use the prescribed form, known as Form 6A, when serving an s21 notice. You can download the form from the UK government’s website or use a template provided by a legal expert.
3. Serve the notice in writing: The s21 notice form must be served to the tenant in writing. You can do this by hand, post, or email, but if you choose to email it, make sure you request a read receipt.
4. Provide the tenant with the necessary information: Along with the s21 notice form, you must also provide the tenant with the current Energy Performance Certificate for the property and a copy of the government’s “How to Rent” guide.
5. Keep proof of service: Make sure to keep records of how and when you served the s21 notice form to the tenant. This can include a certificate of posting if you sent it by post, or a delivery receipt if you served it by hand.
What to do if the tenant does not leave
If the tenant does not vacate the property by the end of the two-month notice period, you can apply to the court for a possession order. This will give you the legal right to evict the tenant, but you must be able to prove that you served the s21 notice form correctly and followed all the necessary procedures.
It is essential to note that there have been recent changes to the law regarding s21 notices in England. From October 2018, landlords are required to use Form 6A when serving an s21 notice, and there are strict regulations around retaliatory evictions to protect tenants from unfair eviction practices.
In conclusion, the s21 notice form is a vital tool for landlords who wish to regain possession of their property without having to provide a reason. By following the correct procedures and serving the notice correctly, you can legally evict your tenants and regain control of your property. However, it is crucial to stay up to date with the latest regulations and seek legal advice if you are unsure about the process.