If you are a landlord looking to regain possession of your property in England, you may need to serve a Section 21 notice A Section 21 notice is a legal document that gives notice to your tenants that you intend to take possession of the property at the end of the fixed term of the tenancy or after a specified date It is a crucial step in the eviction process, and it is essential that you follow the correct procedure when serving the notice In this article, we will guide you through the process of serving a Section 21 notice.
Before serving a Section 21 notice, there are a few key requirements that you must meet:
1 Ensure that your tenancy agreement is an Assured Shorthold Tenancy (AST) agreement Section 21 notices are only applicable to ASTs.
2 The deposit paid by the tenant must be protected in a government-approved tenancy deposit scheme You must also provide the tenant with the prescribed information about the deposit within 30 days of receiving it.
3 The property must have a valid Energy Performance Certificate (EPC) and a current Gas Safety Certificate.
4 If the property is located in a selective licensing area, you must have a valid license to let the property.
Once you have met these requirements, you can proceed with serving the Section 21 notice Here is a step-by-step guide on how to serve a Section 21 notice:
1 Check the type of Section 21 notice you need to serve:
There are two types of Section 21 notices – Section 21(1) and Section 21(4) Section 21(1) is used when the tenancy is periodic, and Section 21(4) is used when the tenancy is a fixed-term tenancy.
2 Prepare the Section 21 notice:
You can download a Section 21 notice template from the government’s website or use a form provided by a legal professional how do you serve a section 21 notice. Ensure that all the required information is filled in correctly, such as the address of the property, details of the tenants, and the expiry date of the notice.
3 Serve the notice to the tenant:
The Section 21 notice must be served to the tenant at least two months before the date on which you want the property back You can serve the notice in person, by post, or by email if the tenancy agreement allows for it.
4 Keep evidence of service:
It is crucial to keep proof of how and when you served the Section 21 notice This could include a signed acknowledgment of receipt from the tenant or a certificate of posting if you sent the notice by post.
5 Wait for the notice period to expire:
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action If the tenant does not vacate the property voluntarily by the end of the notice period, you can apply to the court for a possession order.
6 Apply for a possession order:
If the tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order You will need to provide evidence that you have followed the correct procedure for serving the Section 21 notice.
7 Attend the court hearing:
If your application for a possession order is contested by the tenant, you may need to attend a court hearing The court will consider both parties’ evidence and make a decision on whether to grant possession of the property to the landlord.
In conclusion, serving a Section 21 notice is a crucial step in the eviction process for landlords in England By following the correct procedure and meeting all the necessary requirements, you can ensure that the process runs smoothly and efficiently If you are unsure about how to serve a Section 21 notice, it is recommended to seek advice from a legal professional to avoid any potential pitfalls.