When it comes to renting out a property in the UK, landlords may sometimes need to regain possession of their property from tenants One common way of doing this is by serving a Section 21 Notice to the tenant A Section 21 Notice is a legal document that informs the tenant that the landlord wishes to regain possession of the property at the end of the fixed term or after a certain date In this article, we will provide you with a step-by-step guide on how to serve a Section 21 Notice.
1 Check if you can serve a Section 21 Notice
Before serving a Section 21 Notice, it is essential to check if you have the legal right to do so You can serve a Section 21 Notice if:
– The tenancy is an assured shorthold tenancy
– The deposit has been protected in a government-approved scheme
– The property has an up-to-date gas safety certificate
– You have provided the tenant with a copy of the EPC, gas safety certificate, and the government’s “How to Rent” guide
2 Choose the right form
There are two types of Section 21 Notice forms that you can use: Form 6A and Form 6 Form 6A should be used if the tenancy started or was renewed after October 1, 2015, while Form 6 should be used for tenancies that started before that date Make sure to fill out the form correctly and provide all the necessary information, such as the property address, tenant’s name, and the date the notice should take effect.
3 Serve the notice correctly
Once you have filled out the appropriate form, you need to serve the notice to the tenant correctly There are three main ways to serve a Section 21 Notice:
– Hand delivery: You can give the notice to the tenant in person Make sure to ask for a signature as proof of service.
– First-class post: You can send the notice via first-class post to the tenant’s last known address Keep proof that the notice was posted, such as a certificate of posting.
– Email: If the tenancy agreement allows for it, you can serve the notice via email how to serve section 21 notice. Make sure to request a delivery and read receipt to have proof of service.
4 Allow the correct notice period
The notice period for a Section 21 Notice depends on the type of tenancy agreement and the date the notice is served For a periodic tenancy, you must provide at least two months’ notice, while for a fixed-term tenancy, the notice period cannot end before the end of the fixed term Make sure to check the terms of the tenancy agreement and the type of tenancy before serving the notice.
5 Keep records of the notice
After serving the Section 21 Notice, it is crucial to keep records of the notice and proof of service This includes a copy of the notice, evidence of how the notice was served (e.g., a signed delivery receipt or a certificate of posting), and any correspondence with the tenant regarding the notice Keeping thorough records will help protect you in case of any disputes with the tenant.
6 Seek legal advice if needed
If you are unsure about how to serve a Section 21 Notice or if you encounter any difficulties during the process, it is advisable to seek legal advice from a solicitor or a housing expert They can provide you with guidance on the appropriate steps to take and ensure that you comply with all legal requirements when serving the notice.
In conclusion, serving a Section 21 Notice is a legal process that landlords can use to regain possession of their property from tenants By following the steps outlined in this guide, you can serve the notice correctly and effectively Remember to check your rights, choose the correct form, serve the notice correctly, allow the correct notice period, keep records of the notice, and seek legal advice if needed By doing so, you can ensure a smooth and lawful process of serving a Section 21 Notice.