A section 21 notice is one of the most common ways for a landlord to evict a tenant in England. The notice is used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy agreement or during a periodic tenancy. However, serving a section 21 notice is a process that must be followed correctly to ensure that it is valid and enforceable. In this article, we will discuss the essential steps in serving a section 21 notice.
First and foremost, it is important to understand the purpose of a section 21 notice. This notice is served under section 21 of the Housing Act 1988 and allows a landlord to evict a tenant without giving a reason. It is sometimes referred to as a “no-fault eviction” because the landlord does not have to prove that the tenant has breached the tenancy agreement to regain possession of the property.
The first step in serving a section 21 notice is to ensure that the tenancy is an assured shorthold tenancy (AST). A section 21 notice cannot be used for other types of tenancies, such as assured or regulated tenancies. If the tenancy is an AST, the landlord must also make sure that the tenancy deposit has been protected in a government-approved scheme and that the prescribed information has been provided to the tenant.
Next, the landlord must check the fixed-term period of the tenancy and whether it has expired. A section 21 notice can only be served at least two months before the end of the fixed term or during a periodic tenancy. If the fixed term has not yet ended, the notice cannot be served until after it has expired.
Before serving a section 21 notice, the landlord must also ensure that they have provided the tenant with a valid gas safety certificate, an energy performance certificate, and the government’s “How to Rent” guide. These documents must be given to the tenant at the start of the tenancy and before the section 21 notice is served.
When it comes to serving the notice itself, the landlord must use the correct form. As of October 2018, landlords must use Form 6A for all new section 21 notices. This form has replaced the previous Form 6 and includes additional information that landlords need to provide to tenants, such as the date on which the notice expires.
The section 21 notice must be served in writing to the tenant or tenants at least two months before the date on which the landlord wants possession of the property. The notice can be served by hand, post, or email if the tenancy agreement allows for it. It is recommended to use recorded delivery or another form of proof of postage to ensure that the notice has been received.
After serving the section 21 notice, the landlord must wait for the notice period to expire. If the tenant does not vacate the property by the specified date, the landlord can apply to the court for a possession order. It is important for landlords to follow the correct legal procedures and provide the court with all the necessary evidence to support their case.
In conclusion, serving a section 21 notice is a crucial step in the eviction process for landlords in England. By following the essential steps outlined in this article, landlords can ensure that their notice is valid and enforceable. It is important to remember that serving a section 21 notice is a serious matter that requires careful consideration and adherence to legal requirements. By seeking legal advice if necessary and following the correct procedures, landlords can successfully regain possession of their property.