A Comprehensive Guide: How To Serve A Section 21 Notice

If you are a landlord in the UK looking to regain possession of your property, serving a Section 21 notice is a crucial step in the process. A Section 21 notice is used to evict tenants under an assured shorthold tenancy agreement without providing a specific reason. However, it is essential to follow the correct procedures to ensure that the notice is valid and legally enforceable. In this article, we will provide a comprehensive guide on how to serve a section 21 notice.

1. Check that you have the right to serve a Section 21 notice: Before serving a Section 21 notice, you must ensure that you have the legal right to do so. This includes having a written tenancy agreement in place, protecting the tenant’s deposit in a government-approved scheme, and providing the tenant with certain documents at the start of the tenancy, such as the gas safety certificate and the Energy Performance Certificate (EPC).

2. Check the type of tenancy: A Section 21 notice cannot be served during the fixed term of a tenancy agreement. If the tenancy has expired and has become a periodic tenancy, you can serve a Section 21 notice at any time as long as you give the correct notice period, which is usually two months.

3. Be aware of the changes introduced by the Tenant Fees Act 2019: Since June 2019, landlords in England are prohibited from serving a Section 21 notice if they have breached the Tenant Fees Act 2019. This includes charging prohibited fees to the tenant, such as fees for credit checks or inventory checks. Make sure you are compliant with the legislation before serving a Section 21 notice.

4. Serve the Section 21 notice in writing: A Section 21 notice must be served in writing to the tenant. You can serve the notice by hand, by post, or by email if the tenancy agreement allows for it. Make sure to keep proof of service, such as a certificate of posting or a signed receipt, in case the tenant contests the notice in court.

5. Use the correct form: There are two types of Section 21 notice forms that can be used depending on the circumstances. Form 6A is used for assured shorthold tenancies in England that started on or after October 1, 2015, while Form 6 is used for assured shorthold tenancies that started before that date. Make sure to use the correct form to avoid any issues with the validity of the notice.

6. Give the correct notice period: The notice period required for a Section 21 notice is usually two months. However, the notice period can be longer if specified in the tenancy agreement or if the property is located in an area with additional licensing requirements. Check the relevant legislation to determine the correct notice period for your situation.

7. Check the expiry date of the notice: The Section 21 notice must specify a date on which the tenant is required to leave the property. This date must be at least two months from the date the notice is served and must coincide with the end of a rental period. Make sure to check the expiry date of the notice to ensure it is valid.

8. Seek legal advice if necessary: If you are unsure about how to serve a section 21 notice or if you encounter any difficulties with the process, it is advisable to seek legal advice from a solicitor specialising in landlord and tenant law. A solicitor can guide you through the process and ensure that the notice is served correctly.

In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property as a landlord. By following the correct procedures outlined in this guide, you can serve a valid and legally enforceable notice that enables you to evict the tenant without providing a specific reason. Remember to check your legal obligations, use the correct form, give the correct notice period, and seek legal advice if necessary to ensure a smooth eviction process.