A Guide On How To Serve A Section 21 Notice

If you are a landlord looking to regain possession of your property, serving a Section 21 notice may be the way to go A Section 21 notice is a legal document that allows a landlord to evict a tenant for no reason, as long as certain criteria are met In this article, we will guide you through the process of serving a Section 21 notice properly.

Before we delve into the steps of serving a Section 21 notice, it is important to note that there are specific requirements that must be met in order for the notice to be valid These requirements include:

– The property must be an assured shorthold tenancy.
– The deposit must be protected in a government-approved scheme.
– The landlord must provide the tenant with a copy of the property’s Energy Performance Certificate (EPC), a copy of the gas safety certificate, and the government’s “How to Rent” guide.
– The notice must give the tenant at least two months’ notice to vacate the property.
– The notice cannot be served within the first four months of the tenancy.

Once you have ensured that you meet all the requirements, you can proceed with serving the Section 21 notice Here are the steps you need to follow:

Step 1: Fill out the Section 21 notice form

The first step in serving a Section 21 notice is to fill out the correct form There are two types of Section 21 notices: Form 6A for properties in England and Form 6A for properties in Wales Make sure you use the correct form for your property.

Step 2: Serve the notice to the tenant

After filling out the form, you must serve the notice to the tenant There are three ways you can serve a Section 21 notice:

– Personally: You can deliver the notice to the tenant in person.
– First class post: You can send the notice via first-class mail to the tenant’s last known address.
– Email: If the tenant has agreed to receive notices by email, you can send the notice electronically.

It is important to keep proof of service, such as a signed acknowledgment of receipt or a delivery confirmation from the post office.

Step 3: Wait for the notice period to expire

Once the Section 21 notice has been served, the tenant has two months to vacate the property how to serve a section 21 notice. During this time, the tenant is entitled to stay in the property and cannot be evicted before the notice period expires.

Step 4: Apply to the court for a possession order

If the tenant fails to vacate the property by the end of the notice period, you can apply to the court for a possession order The court will review the case and, if everything is in order, grant you possession of the property.

Step 5: Attend the court hearing

If the tenant contests the possession order, a court hearing will be scheduled You will need to attend the hearing and present your case to the judge If the judge rules in your favor, you will be granted possession of the property.

Step 6: Evict the tenant

Once you have been granted possession of the property, you can proceed with evicting the tenant If the tenant still refuses to leave, you may need to enlist the help of bailiffs to remove the tenant from the property.

In conclusion, serving a Section 21 notice can be a complex and time-consuming process, but it is an effective way to regain possession of your property By following the steps outlined in this article and ensuring that you meet all the necessary requirements, you can serve a Section 21 notice successfully and evict your tenant legally.