When a landlord wants to regain possession of their property from a tenant, they usually have to issue a notice known as a Section 21 notice This notice is typically used when the landlord wants to evict a tenant without giving a specific reason, such as rent arrears or breach of tenancy agreement
Serving a Section 21 notice can be a complex and potentially time-consuming process However, by following the correct procedures, landlords can ensure that their notice is valid and legally enforceable Here is a step-by-step guide on how to serve a Section 21 notice:
1 Check that you have the right to serve a Section 21 notice
Before serving a Section 21 notice, landlords must ensure that they have the legal right to do so In most cases, landlords can only serve a Section 21 notice if the tenancy is an assured shorthold tenancy (AST), the tenant has been in the property for at least six months, and they have protected the tenant’s deposit in a government-approved scheme.
2 Give the correct notice period
Landlords must give tenants a minimum of two months’ notice before the date on which they want the tenant to vacate the property This notice period must be specified in the Section 21 notice, along with the date on which the notice is served.
3 Prepare the Section 21 notice
The Section 21 notice must be in writing and include specific information, such as the address of the property, the names of the landlord and tenant, the date the notice is served, and the date on which the tenant is required to leave the property Landlords can use a template Section 21 notice provided by the government to ensure that all the necessary information is included.
4 Serve the notice correctly
The Section 21 notice must be served in the correct way to be valid Landlords can serve the notice in person, by post, or by email if the tenancy agreement allows for electronic communication If serving the notice by post, landlords should use a method that provides proof of delivery, such as recorded delivery or special delivery.
5 Keep a record of the notice
Landlords should keep a copy of the Section 21 notice and evidence of how it was served, such as a receipt for recorded delivery or a read receipt for an email how do you serve a section 21 notice. This evidence may be required if the tenant disputes the notice in court.
6 Wait for the notice period to expire
Once the Section 21 notice has been served, landlords must wait for the notice period to expire before taking any further action If the tenant does not vacate the property by the specified date, the landlord can apply to court for a possession order.
7 Apply for a possession order
If the tenant does not leave the property after the notice period has expired, landlords can apply to court for a possession order This involves completing a form and providing evidence that the Section 21 notice was served correctly The court will then schedule a hearing to consider the landlord’s application.
8 Attend the court hearing
Landlords must attend the court hearing to present their case for a possession order If the court is satisfied that the Section 21 notice was validly served and that the notice period has expired, it will grant the possession order The tenant will usually have a further 14 days to leave the property before the landlord can take further action.
In conclusion, serving a Section 21 notice is a legal process that landlords must follow carefully to regain possession of their property from a tenant By following the correct procedures and ensuring that the notice is served correctly, landlords can increase the chances of a successful eviction If in doubt, landlords should seek advice from a legal professional to ensure that they comply with the law
Remember, serving a Section 21 notice should be seen as a last resort when all other options have been exhausted Communication with tenants and the willingness to resolve issues amicably can often prevent the need for eviction proceedings.