If you are a landlord looking to regain possession of your property in England, serving a Section 21 notice is a crucial step in the process. A Section 21 notice is a legal document that allows you to evict your tenants without giving a reason, as long as you follow the correct procedures. In this article, we will walk you through the steps on how to serve a section 21 notice effectively.
1. Understand the Requirements
Before serving a Section 21 notice, it is essential to understand the requirements set by the law. Firstly, you can only serve a Section 21 notice to tenants under an assured shorthold tenancy (AST) agreement. Secondly, the tenancy agreement must be in writing, and you must have protected the tenant’s deposit in a government-approved scheme.
2. Check the Validity of the Tenancy Agreement
Ensure that the tenancy agreement is valid and that the fixed term has ended before serving a Section 21 notice. If the fixed term period has not ended, you cannot serve a Section 21 notice until the tenancy agreement has reached the end date.
3. Provide the Correct Form
To serve a Section 21 notice, you must use the appropriate form. The two main forms are Form 6A for properties in England and Form 6 for properties in Wales. These forms can be downloaded from the government website or obtained from a stationery shop.
4. Serve the Section 21 Notice Correctly
There are two ways to serve a Section 21 notice: by hand or by post. If you choose to serve it by hand, you must make sure that the tenant or a witness signs and dates a copy of the notice. If you opt to serve it by post, send it via first-class mail and request a proof of postage.
5. Keep Records of Service
It is crucial to keep records of how and when you served the Section 21 notice. If a dispute arises later, having evidence of service will be essential in proving that you followed the correct procedures.
6. Wait for the Notice Period to Expire
Once you have served the Section 21 notice, the tenant is entitled to at least two months’ notice before they are required to vacate the property. The notice period must end after the fixed term of the tenancy agreement. If the tenant does not leave by the end of the notice period, you can apply to the court for a possession order.
7. Apply to the Court
If the tenant fails to vacate the property after the notice period expires, you can apply to the court for a possession order. You will need to fill out the appropriate court forms and pay the relevant fee. The court will then schedule a hearing where you can present your case for possession.
8. Follow Court Process
If the court grants you a possession order, the tenant will be given a deadline by which they must leave the property. If the tenant still does not vacate, you can request a warrant for possession from the court, which allows bailiffs to evict the tenant.
In conclusion, serving a Section 21 notice is a crucial step in the eviction process for landlords in England. By understanding the requirements, providing the correct form, serving the notice correctly, and following the court process, you can regain possession of your property legally and effectively. Remember to keep detailed records of the service and seek legal advice if you encounter any challenges along the way.