If you are a landlord looking to regain possession of your property in England or Wales, serving a Section 21 notice is a common method to do so. A Section 21 notice is used to end an assured shorthold tenancy agreement after the fixed term has ended or during a periodic tenancy. In this article, we will provide you with a step-by-step guide on how to serve a section 21 notice correctly.
1. Understand the Requirements
Before serving a Section 21 notice, it is essential to understand the requirements that must be met to ensure its validity. These requirements include:
– The tenancy must be an assured shorthold tenancy.
– The deposit must be protected in a government-approved tenancy deposit scheme.
– The tenant must have been provided with certain documents, including the gas safety certificate, an EPC, and the government’s How to Rent guide.
2. Provide the Correct Notice Period
The length of the notice period required for a Section 21 notice will depend on the terms of the tenancy agreement. If the tenancy agreement has a fixed term, the notice period must be at least two months. If the tenancy is periodic, the notice period must be at least two rental periods.
3. Fill Out the Section 21 Notice Form
To serve a Section 21 notice, you must fill out the prescribed form, Form 6A. This form can be downloaded from the government’s website and must be completed accurately with all the necessary information, including the date of service and the notice period.
4. Serve the Notice Correctly
Once you have filled out the Section 21 notice form, you must serve it on your tenant correctly. There are three methods of service that you can use:
– Personally delivering the notice to the tenant.
– Posting the notice through the letterbox at the property.
– Sending the notice by first-class mail to the tenant’s last known address.
Whichever method you choose, it is crucial to keep proof of service, such as a witness statement or a certificate of posting, in case the tenant disputes receiving the notice.
5. Keep Records
It is essential to keep detailed records of serving the Section 21 notice, including copies of the notice itself and proof of service. These records will be crucial if you need to prove to the court that the notice was served correctly.
6. Wait for the Notice Period to Expire
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action. During this time, you cannot evict the tenant or take any steps to regain possession of the property.
7. Apply to the Court
If the tenant does not vacate the property voluntarily after the notice period has expired, you will need to apply to the court for a possession order. To do this, you must complete the appropriate court forms and pay the relevant fee.
8. Attend the Court Hearing
Once you have applied to the court for a possession order, a hearing will be scheduled. You must attend the court hearing and be prepared to present your case to the judge. If the judge is satisfied that the Section 21 notice was served correctly and all legal requirements have been met, they will grant you a possession order.
9. Obtain a Warrant for Possession
If the tenant still does not vacate the property after the possession order has been granted, you can apply for a warrant for possession. A bailiff will then be instructed to evict the tenant forcibly if necessary.
In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property as a landlord. By following the steps outlined in this article and ensuring that all legal requirements are met, you can successfully serve a Section 21 notice and regain possession of your property.