When it comes to being a landlord, there may come a time when you need to regain possession of your property. This could be for a variety of reasons, such as wanting to sell the property, move back in yourself, or simply because the tenant is no longer abiding by the terms of the tenancy agreement. In situations like these, serving a section 21 notice can be an effective way to legally end the tenancy.
What is a Section 21 notice?
A Section 21 notice is a form of eviction notice used by landlords in England to regain possession of their property. It is commonly used when the landlord wishes to end an Assured Shorthold Tenancy (AST) agreement, which is the most common type of tenancy in the private rented sector.
Under current legislation, a Section 21 notice can only be used if the tenant has been given a copy of the government’s “How to Rent” guide, the property has a valid Energy Performance Certificate (EPC), and the tenant’s deposit has been protected in a government-approved scheme.
How to serve a Section 21 notice
Serving a Section 21 notice must be done correctly in order for it to be valid. Here are the steps you need to take:
1. Check that you have the right to serve a Section 21 notice – You can only serve a Section 21 notice if the fixed term of the tenancy has come to an end, or if you are allowed to serve notice during the fixed term according to the terms of the tenancy agreement.
2. Provide the correct notice period – You must give the tenant at least two months’ notice in writing stating that you require possession of the property. This notice period must end on the last day of a tenancy period.
3. Use the correct form – The form you use to serve the Section 21 notice will depend on when the tenancy started. For tenancies that began on or after October 1, 2015, you must use Form 6A. For tenancies that began before this date, you can use Form 6.
4. Serve the notice correctly – The Section 21 notice must be served in writing and can be given to the tenant by hand, sent by first-class post, or emailed if that is how the tenant has agreed to receive notices.
5. Keep a record of service – It is important to keep a record of how and when the Section 21 notice was served in case there are any disputes in the future.
What happens after the Section 21 notice has been served?
Once the Section 21 notice has been served, the tenant must vacate the property by the date specified in the notice. If they fail to do so, you can then apply to the court for a possession order.
If the correct procedures have been followed and the paperwork is in order, the court will usually grant possession. However, if there are any discrepancies or errors in the paperwork, the court may reject the application, so it is important to ensure everything is correct before making an application.
It is also worth noting that there are certain circumstances where a Section 21 notice may be deemed invalid. For example, if the property is in disrepair and the landlord has not rectified the issues, the Section 21 notice may not be enforceable. Similarly, if the property is deemed to be unsafe or not fit for human habitation, the notice may be invalid.
In conclusion, serving a section 21 notice is a legal process that landlords can use to regain possession of their property. By following the correct procedures and ensuring that all the necessary paperwork is in order, landlords can effectively end a tenancy and take back control of their property. If you are unsure about how to serve a Section 21 notice, it is recommended to seek legal advice to ensure everything is done correctly.