If you are a landlord in the UK, then you have likely heard of Section 21 forms. These forms are an essential tool for landlords who wish to evict tenants from their properties. In this article, we will explore what Section 21 forms are, when they can be used, and how they should be completed.
What is a Section 21 Form?
A Section 21 form is a legal document that landlords can use to evict tenants from their properties without providing a reason. This type of eviction is known as a “no-fault” eviction, as the landlord does not need to prove that the tenant has breached the tenancy agreement in order to regain possession of the property.
When Can section 21 forms be Used?
Section 21 forms can only be used in certain circumstances. In order to serve a Section 21 notice, the tenancy must be an Assured Shorthold Tenancy (AST) and the tenant must have been in occupation of the property for at least six months. It is important to note that Section 21 forms cannot be used if the tenancy is within the fixed term, or if the property is in disrepair and the landlord has not rectified the issue.
How to Complete a Section 21 Form
Completing a Section 21 form may seem like a daunting task, but it is actually quite straightforward. There are two types of Section 21 forms that can be used, depending on whether the tenancy started before or after October 2015. The older form is known as Form 6A, while the newer form is known as Form 3.
When completing a Section 21 form, landlords must ensure that all the required information is included. This includes details such as the date the notice is served, the address of the property, and the date on which possession is required. It is also important to ensure that the correct version of the form is used, as using the wrong form could render the notice invalid.
Serving the Section 21 Notice
Once the Section 21 form has been completed, it must be served on the tenant. There are specific rules regarding how the notice should be served, and landlords should ensure that they follow these rules to the letter. For example, the notice must be served in writing, and it must be given to the tenant at least two months before possession is required.
It is also advisable for landlords to keep a record of how the notice was served, in case there are any disputes in the future. This could include sending the notice via recorded delivery or having an independent witness present when the notice is given to the tenant.
What Happens Next?
After the Section 21 notice has been served, the tenant will be required to vacate the property by the date specified in the notice. If the tenant fails to do so, the landlord can apply to the court for a possession order. This will give the tenant a further two weeks to leave the property voluntarily, after which the landlord can apply for a bailiff to evict the tenant.
It is important to note that landlords cannot take matters into their own hands and forcibly remove a tenant from the property. This is illegal and could lead to the landlord facing criminal charges.
In conclusion, Section 21 forms are a valuable tool for landlords who wish to regain possession of their properties. By following the correct procedures and completing the necessary forms accurately, landlords can ensure a smooth eviction process. If you are unsure about how to serve a Section 21 notice, it is always advisable to seek legal advice to ensure that you are following the correct procedures.