A Section 21 notice is a legal document used by landlords in England and Wales to evict tenants under an assured shorthold tenancy It can be served for various reasons, such as wanting to sell the property, move back in, or simply terminate the tenancy Serving a Section 21 notice must be done correctly to be valid and enforceable In this article, we will discuss how to serve a Section 21 notice step-by-step.
Step 1: Check if you are eligible to serve a Section 21 notice
Before serving a Section 21 notice, you must ensure that you have complied with all the legal requirements This includes protecting the tenant’s deposit in a government-approved scheme, providing them with a copy of the Energy Performance Certificate (EPC) and Gas Safety Certificate, as well as issuing a valid copy of the How to Rent guide.
Step 2: Choose the correct form
There are two types of Section 21 notices: Form 6A for properties in England and Form 6A for properties in Wales Make sure you use the correct form for the property you are renting out.
Step 3: Give the required notice period
The notice period required for a Section 21 notice is usually two months However, this can vary depending on the terms of the tenancy agreement how do you serve a section 21 notice. Make sure you give the tenant the correct notice period as required by law.
Step 4: Deliver the notice to the tenant
You can deliver the Section 21 notice to the tenant in person, by post, or by email if the tenancy agreement allows for it If you choose to deliver it in person, make sure you get proof of delivery such as a signed acknowledgment from the tenant.
Step 5: Keep a record of serving the notice
It is crucial to keep a record of how and when you served the Section 21 notice to the tenant This can include a copy of the notice, proof of delivery, and any correspondence with the tenant regarding the notice.
Step 6: Wait for the notice period to expire
Once you have served the Section 21 notice to the tenant, you must wait for the notice period to expire before taking any further action During this time, the tenant has the right to stay in the property and can only be evicted through legal proceedings if they fail to vacate by the specified date.
Step 7: Apply for a possession order
If the tenant does not vacate the property by the end of the notice period, you can apply for a possession order from the court This involves filling out the appropriate forms and attending a court hearing where a judge will make a decision on the eviction.
In conclusion, serving a Section 21 notice is a legal process that must be followed carefully to ensure it is valid and enforceable By following the steps outlined in this article, you can serve a Section 21 notice correctly and take the necessary steps to evict a tenant from your property if needed.