If you are a landlord looking to regain possession of your property, then knowing how to properly serve a Section 21 notice is essential A Section 21 notice allows landlords in England to evict tenants without having to give a reason, as long as the fixed term of the tenancy has ended, or it is a periodic tenancy Here is a step-by-step guide on how to get a Section 21 notice.
1 Make sure you have a valid reason
Before serving a Section 21 notice, it is important to ensure that you have met all the legal requirements to do so This includes having protected the tenant’s deposit in a government-approved scheme, providing the tenant with a copy of the property’s Energy Performance Certificate (EPC), and supplying the tenant with a copy of the current gas safety certificate.
2 Check the type of tenancy
In order to serve a Section 21 notice, you must have an assured shorthold tenancy (AST) agreement in place It is crucial to check whether the fixed term of the AST has ended, or if the tenancy has rolled over into a periodic tenancy If the fixed term has not yet ended, you cannot serve a Section 21 notice until it does.
3 Provide the required notice period
Under current legislation, landlords must provide tenants with at least two months’ notice before applying for possession through the courts The notice period should be in writing and clearly state the date by which the tenant must leave the property It is recommended to send the notice via recorded delivery or email to ensure proof of service.
4 Use the correct form
When serving a Section 21 notice, landlords must use the correct form provided by the government how to get section 21 notice. Form 6A is the most up-to-date version and should be used for all new tenancies Make sure to fill in all the required details accurately, including the date the notice was served and the date by which the tenant must vacate the property.
5 Serve the notice correctly
To ensure that the Section 21 notice is legally valid, it must be served correctly to the tenant This can be done by either hand-delivering it to the tenant or sending it by first-class post If the notice is being posted, it is advisable to request a proof of postage to verify that it has been sent.
6 Keep records of the notice
It is crucial for landlords to keep records of the Section 21 notice served to the tenant This includes copies of the notice itself, proof of service, and any correspondence related to the eviction process Having detailed records can help in case of any disputes or legal proceedings in the future.
7 Seek legal advice if needed
If you are unsure about any aspect of serving a Section 21 notice, it is advisable to seek legal advice from a solicitor or a professional eviction service They can guide you through the process, ensure that all legal requirements are met, and help you avoid any potential pitfalls along the way.
By following these steps, landlords can successfully serve a Section 21 notice and regain possession of their property in a legally compliant manner Remember that serving a Section 21 notice is a serious legal step, and it is essential to follow the correct procedures to avoid any delays or complications in the eviction process.