The Ultimate Guide To Serving Section 21 Notices
As a landlord, there may come a time when you need to regain possession of your property Whether your tenants are not paying rent, causing damage to the property, or you simply want to sell the property, serving a Section 21 notice is a common way to start the process of eviction in England and Wales.
What is a Section 21 notice?
A Section 21 notice, also known as a Section 21 eviction notice or Form 6A, is a legal notice that a landlord can give to a tenant to regain possession of a property This notice can only be used if the tenants have an Assured Shorthold Tenancy (AST) agreement, and the fixed term of the tenancy has ended or is due to end soon It allows the landlord to regain possession of the property without giving a reason, as long as all legal requirements are met.
When can a Section 21 notice be served?
In order to serve a Section 21 notice, several conditions must be met:
1 The tenants must have an AST agreement.
2 The deposit must be protected in a government-approved scheme and the prescribed information provided to the tenant.
3 The property must have a valid Energy Performance Certificate (EPC) and gas safety certificate.
4 The landlord must provide the tenants with a copy of the government’s “How to Rent” guide.
5 The notice must give the tenants a minimum of 2 months’ notice before the date on which possession is required.
How to serve a Section 21 notice
Once you have ensured that all the legal requirements are met, you can serve the Section 21 notice to your tenants serving section 21. There are two ways to serve a Section 21 notice:
1 Standard Section 21 notice – This can be served by hand or post, but it is essential that you can prove the notice was received by the tenant This can be through a signed acknowledgment of receipt or a certificate of postage if sent by mail.
2 Accelerated possession proceedings – If you don’t want to wait for the 2-month notice period to expire, you can apply to the court using an accelerated possession process This process is faster than the standard possession process but can only be used if all the legal requirements for serving the Section 21 notice have been met.
It is crucial to keep a record of how and when the Section 21 notice was served, as this will be essential if the eviction process needs to go to court.
What to do if the tenants do not leave
If the tenants do not vacate the property by the date specified on the Section 21 notice, you will need to apply to court for a possession order This can be done using either the standard possession procedure or the accelerated possession procedure, depending on your circumstances.
Before going to court, make sure you have all the necessary documents and evidence to support your case, including the original AST agreement, proof of service of the Section 21 notice, and details of any rent arrears or damages to the property.
Once the possession order is granted by the court, if the tenants still do not leave the property, you may need to instruct court bailiffs to enforce the order and evict the tenants.
Final thoughts
Serving a Section 21 notice can be a difficult and stressful process, but it is essential to follow the legal requirements carefully to ensure a successful outcome If you are unsure about the process or your legal obligations as a landlord, it is recommended to seek advice from a legal professional or a professional eviction service.
By serving a Section 21 notice correctly and following the correct procedures, you can regain possession of your property efficiently and effectively Remember to always keep records of all communication with your tenants and seek legal advice if you encounter any obstacles during the eviction process.