If you’re a landlord in the UK and you need to regain possession of your property from your tenants, serving a Section 21 notice is often the most straightforward way to do so A Section 21 notice is also known as a “no-fault eviction” notice, as it does not require the landlord to provide a reason for wanting their property back However, serving a Section 21 notice must be done correctly and in compliance with the law In this article, we will provide you with a step-by-step guide on how to serve a Section 21 notice.
1 Check your eligibility:
Before serving a Section 21 notice, it’s important to ensure that you are eligible to do so You can only serve a Section 21 notice if your tenants have an assured shorthold tenancy (AST) agreement, the deposit has been properly protected in a government-approved scheme, and you have provided your tenants with a copy of the “How to Rent” guide.
2 Give the required notice period:
You must provide your tenants with at least two months’ notice before the date on which you want them to leave the property This notice period must align with the end of a rental period, usually the day before the rent is due For example, if the rent is due on the 1st of each month, the two months’ notice must expire on the last day of the month.
3 Use the correct form:
To serve a Section 21 notice, you must use the correct form In England, this is Form 6A, which can be downloaded from the government’s website Make sure to fill out the form accurately and provide all the necessary information, including the date the notice is served, the address of the property, and the date on which you want the tenants to leave.
4 Serve the notice in writing:
A Section 21 notice must be served in writing to be valid how do you serve a section 21 notice. You can deliver the notice by hand, post it through the letterbox, or send it by first-class mail It’s advisable to use multiple methods to serve the notice to ensure that it is received by the tenants You may also consider sending the notice by recorded delivery to have proof of delivery.
5 Keep a record of service:
It’s crucial to keep a record of how and when the Section 21 notice was served This can include taking a photo of the notice posted through the letterbox, keeping a copy of the letter with proof of postage, or asking the tenants to sign a receipt if served in person These records can serve as evidence in case the tenants dispute the service of the notice.
6 Allow time for the notice to expire:
Once the Section 21 notice has been served, you must allow the required notice period to expire before taking any further action During this time, you should not accept any rent payments from the tenants, as this could invalidate the notice If the tenants do not vacate the property by the expiry date of the notice, you can then apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a legal process that must be carried out correctly to regain possession of your property from your tenants By following the steps outlined in this guide, you can ensure that the notice is served in compliance with the law and increase your chances of a successful eviction Remember to seek legal advice if you are unsure about any aspect of serving a Section 21 notice to protect your interests as a landlord.