A Section 21 notice is an important legal document that landlords can use to evict tenants from a property in England. It can be served to tenants who are on an assured shorthold tenancy agreement and gives them two months’ notice to vacate the property. However, there are specific rules and procedures that landlords must follow when serving a Section 21 notice to ensure that it is valid and legally enforceable. In this article, we will provide a step-by-step guide on how to serve a section 21 notice correctly.
1. Check the Tenancy Agreement
Before serving a Section 21 notice, it is essential to check the tenancy agreement to ensure that all terms and conditions have been met. The agreement must be for an assured shorthold tenancy, and at least six months must have passed since the start of the tenancy. Additionally, the tenant must be given a copy of the government’s “How to Rent” guide at the beginning of the tenancy.
2. Provide the Correct Notice
The Section 21 notice must be in writing and specify that it is being served under Section 21 of the Housing Act 1988. The notice must also state the date by which the tenant is required to vacate the property, which must be at least two months from the date the notice is served. The notice should be served at least two months before the date on which possession is required.
3. Use the Correct Form
There are two different forms that landlords can use to serve a Section 21 notice: Form 6A for properties in England and Form 6B for properties in Wales. The correct form must be used to ensure that the notice is valid and legally enforceable. The form can be downloaded from the government’s website or obtained from a legal stationery store.
4. Serve the Notice Correctly
The Section 21 notice can be served in person, by post, or by email if the tenancy agreement allows for it. If serving by post, it is recommended to use recorded delivery to prove that the notice has been received by the tenant. If serving in person, it is advisable to have a witness present to confirm that the notice was served.
5. Keep Records
It is essential to keep a record of how and when the Section 21 notice was served. This can include keeping a copy of the notice, any proof of delivery, and a record of any communication with the tenant regarding the notice. These records can be useful in the event of a dispute or if legal action is required to enforce the notice.
6. Give Notice Period
After the Section 21 notice has been served, the tenant must be given the full notice period before possession of the property can be taken. This means that landlords cannot force the tenant to vacate the property before the two-month notice period has expired. If the tenant does not vacate the property by the specified date, the landlord can apply to the court for a possession order.
7. Follow Legal Procedures
If the tenant does not vacate the property by the specified date, the landlord can apply to the court for a possession order. This process can be complex and time-consuming, so it is advisable to seek legal advice to ensure that the correct procedures are followed. Once a possession order has been obtained, the tenant must vacate the property by the date specified in the order.
In conclusion, serving a Section 21 notice correctly is essential for landlords who wish to evict tenants from a property in England. By following the steps outlined in this article, landlords can ensure that the notice is valid and legally enforceable, giving them the best chance of successfully recovering possession of their property.