When renting out a property, there may come a time when you need to take possession of it In the UK, landlords can use a Section 21 notice to inform tenants that they want the property back This notice allows landlords to evict tenants without giving a reason, as long as certain legal requirements are met However, serving a Section 21 notice must be done correctly to be valid Here is a step-by-step guide on how to serve a Section 21 notice properly.
1 Understand the Requirements
Before serving a Section 21 notice, it is crucial to understand the legal requirements These include:
– The tenancy must be an assured shorthold tenancy (AST) and it must be a written agreement.
– The deposit must be protected in a government-approved scheme and the prescribed information provided to the tenant.
– The tenant must have received a copy of the Energy Performance Certificate (EPC) and a copy of the gas safety certificate.
– The notice must be in writing and give the tenant at least two months’ notice to vacate the property.
– A Section 21 notice cannot be served within the first four months of the tenancy.
2 Prepare the Notice
The Section 21 notice must be in writing and contain the following information:
– The address of the rental property.
– The name of the landlord or their agent.
– The date the notice is served.
– The date on which the tenant is required to leave the property, which must be at least two months from the date of service.
– A statement informing the tenant that possession of the property is being sought under Section 21 of the Housing Act 1988.
It is essential to use the correct form for serving a Section 21 notice, which is Form 6A for ASTs in England.
3 Serve the Notice
Once the notice is prepared, it must be served on the tenant correctly There are three ways to serve a Section 21 notice:
– By hand: The notice can be handed to the tenant in person If the tenant is not present, the notice can be left with someone over the age of 18 at the property.
– By post: The notice can be sent by recorded delivery to the tenant’s last known address how do you serve a section 21 notice. It is crucial to keep proof of postage and delivery.
– By email: If the tenant has agreed to receive documents by email, the notice can be sent electronically However, this method is only valid if the tenancy agreement allows for it.
4 Keep Records
It is essential to keep detailed records of how the Section 21 notice was served This includes proof of postage or delivery if sent by post, a record of the date and time the notice was handed to the tenant if served by hand, or a copy of the email if served electronically.
5 Wait for the Notice Period to Expire
After serving the Section 21 notice, the tenant must be given the required notice period to vacate the property If the tenant does not leave by the specified date, the landlord can apply to the court for a possession order.
6 Applying for a Possession Order
If the tenant fails to vacate the property after the Section 21 notice period expires, the landlord can apply to the court for a possession order This involves completing the relevant court forms and attending a court hearing, where a judge will decide whether to grant possession of the property to the landlord.
In conclusion, serving a Section 21 notice is a vital step in regaining possession of a rental property By understanding the legal requirements, preparing the notice correctly, serving it in the right way, keeping records, and following the necessary steps, landlords can successfully remove tenants from their property It is essential to seek legal advice if unsure about the process to ensure that all legal requirements are met.