One of the most common ways for a landlord in the UK to gain possession of their property from a tenant is by serving a section 21 notice. This notice is used when a landlord wants to regain possession of their property after the fixed term of the tenancy has ended, without any specific reason for doing so.
Before serving a section 21 notice, it is important for landlords to ensure they have met all the legal requirements. One of the most important requirements is that the tenancy agreement must be an assured shorthold tenancy (AST). If the tenancy agreement is not an AST, then a Section 21 notice cannot be used.
In addition to having an AST, landlords must also ensure that they have protected the tenant’s deposit in a government-approved tenancy deposit scheme within 30 days of receiving it. Failure to protect the deposit or provide the tenant with the prescribed information about the scheme can render a Section 21 notice invalid.
Before serving the Section 21 notice, landlords must also ensure that they have provided the tenant with a copy of the government’s “How to Rent” guide. This guide outlines the rights and responsibilities of both landlords and tenants in the private rented sector, and failure to provide it can also invalidate a Section 21 notice.
Once all the legal requirements have been met, landlords can proceed with serving the Section 21 notice. The first step is to ensure that the notice is in writing and includes specific information, such as the date on which possession is required. Landlords must give tenants at least two months’ notice before seeking possession of the property. It is important to note that the two months’ notice period cannot end before the end of the fixed term of the tenancy.
Landlords must also use the correct form when serving the Section 21 notice. There are two different forms that can be used depending on the circumstances of the tenancy. Landlords must use Form 6A if the tenancy started on or after October 1, 2015, and Form 3 if the tenancy started before that date. Using the wrong form can render the Section 21 notice invalid.
After serving the Section 21 notice, landlords must ensure that they are compliant with the law regarding eviction. If the tenant does not vacate the property by the date specified in the notice, landlords must apply to the court for a possession order. It is important to note that landlords cannot force a tenant to leave the property without a court order.
When applying for a possession order, landlords must provide evidence to the court that they have followed all the correct procedures in serving the Section 21 notice. If the court is satisfied that the notice is valid and that all legal requirements have been met, they will grant a possession order, allowing the landlord to take possession of the property.
Overall, serving a section 21 notice can be a complex process that requires landlords to be aware of their legal responsibilities and ensure they follow the correct procedures. By meeting all the necessary requirements and serving the notice correctly, landlords can regain possession of their property in a lawful and efficient manner.