As a landlord, there may come a time when you need to evict a tenant from your property In the UK, the most common way to do this is by serving a Section 21 notice This legal document gives the tenant at least two months’ notice to vacate the property 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 Check the Tenancy Agreement:
Before serving a Section 21 notice, it is crucial to review the tenancy agreement Ensure that the agreement is an assured shorthold tenancy (AST) and that all terms and conditions have been met by both parties If the tenancy is not an AST or if there are any breaches of the agreement, you may not be able to serve a Section 21 notice.
2 Provide the Correct Notice Period:
Under current legislation, landlords must provide tenants with a minimum of two months’ notice when serving a Section 21 notice The notice period must end on the last day of the tenancy period, typically the end of the month For example, if the tenancy began on the 1st of January, the notice period should end on the 31st of March.
3 Issue the Notice in Writing:
A Section 21 notice must be served in writing You can deliver the notice by hand or send it by post It is also advisable to send the notice via recorded delivery to have proof of service The notice should clearly state the date it was served, the names of the landlord and tenant, the address of the rental property, and the date by which the tenant must vacate.
4 Use the Correct Form:
To serve a Section 21 notice, landlords must use the correct form In England, the form is called Form 6A, while in Wales, it is called Form 6 how to serve section 21 notice. These forms can be downloaded from the government website or obtained from a legal stationery store Make sure to fill out the form accurately and provide all the required information.
5 Check the Tenant Deposit:
If you have taken a deposit from the tenant, ensure that it has been protected in a government-approved scheme By law, landlords must protect tenants’ deposits within 30 days of receiving them Failure to do so may render any Section 21 notice invalid.
6 Wait for the Notice to Expire:
Once the Section 21 notice has been served, the tenant has two months to vacate the property During this time, landlords cannot take any further action to evict the tenant If the tenant does not leave by the specified date, landlords can then apply to the court for a possession order.
7 Applying for a Possession Order:
If the tenant fails to vacate the property after the Section 21 notice has expired, landlords can apply for a possession order from the court This process typically involves completing a N5B form and paying a court fee The court will then review the case and decide whether to grant a possession order.
8 Seeking Legal Advice:
If you are unsure about how to serve a Section 21 notice or if you encounter any issues during the process, it is advisable to seek legal advice A solicitor specialising in landlord and tenant law can provide guidance and assistance to ensure that the eviction process is carried out legally and effectively.
In conclusion, serving a Section 21 notice is a common legal procedure used by landlords to evict tenants from rental properties By following the step-by-step guide outlined above, landlords can serve a Section 21 notice correctly and effectively Remember to check the tenancy agreement, provide the correct notice period, issue the notice in writing, use the correct form, protect the tenant deposit, wait for the notice to expire, apply for a possession order if necessary, and seek legal advice if needed With proper planning and adherence to the law, landlords can successfully evict tenants using a Section 21 notice.