A Section 21 notice is a document used by landlords in England and Wales to notify their tenants that they want to regain possession of their property The Section 21 notice is typically used in situations where the tenant has not breached the tenancy agreement but the landlord wants to end the tenancy agreement.
If you are a landlord looking to serve a Section 21 notice, it is important to follow the correct procedure in order for it to be valid Here is a step-by-step guide on how to serve a Section 21 notice:
1 Check if you can serve a Section 21 notice
Before serving a Section 21 notice, it is important to check if you are eligible to do so You can serve a Section 21 notice if:
– The tenancy is an assured shorthold tenancy (AST)
– The fixed term of the tenancy has ended, or you are in a periodic tenancy
– You have protected the tenant’s deposit in a government-approved scheme
– You have given the tenant the relevant documents, such as a gas safety certificate and an energy performance certificate
2 Give the correct notice period
When serving a Section 21 notice, you must give the tenant a minimum of two months’ notice The notice period must end on the last day of the tenancy period, and at least two months in the future For example, if the rent is paid on the 1st of each month and you are serving the notice on the 15th of March, the notice period must end on the 30th of May.
3 Draft the Section 21 notice
The Section 21 notice must be in writing and include specific information, such as the address of the property, the names of the landlord and tenant, the date the tenancy will end, and the reason for serving the notice You can use a template provided by the government or seek legal advice to draft the notice.
4 Serve the notice correctly
The Section 21 notice must be served to the tenant in the correct way for it to be valid how to serve section 21 notice. You can serve the notice by:
– Hand delivering it to the tenant
– Posting it through the letterbox
– Sending it by recorded delivery
– Emailing it if the tenancy agreement allows for service by email
It is important to keep proof of service in case the tenant disputes receiving the notice.
5 Wait for the notice period to expire
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action During this time, the tenant has the opportunity to vacate the property or reach an agreement with you.
6 Apply to the court for a possession order
If the tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order The court will then set a date for a hearing, where both parties can present their case.
7 Evict the tenant
If the court grants you a possession order, you can then evict the tenant from the property It is important to follow the proper procedure for eviction to avoid any legal complications.
In conclusion, serving a Section 21 notice is a straightforward process if you follow the correct steps By checking your eligibility, giving the correct notice period, drafting the notice properly, serving it correctly, waiting for the notice period to expire, and following through with court proceedings if necessary, you can regain possession of your property in a lawful manner Remember to seek legal advice if you are unsure about any aspect of serving a Section 21 notice to protect your rights as a landlord.