As a landlord, one of the most important aspects of managing your property is ensuring that you have the legal right to evict tenants when necessary. One common way to do this is by serving a Section 21 notice, also known as a “no-fault” eviction notice. This allows you to ask your tenants to vacate the property without providing a reason, as long as you follow the correct procedures.
When can a landlord serve a Section 21 notice?
A Section 21 notice can only be served if the tenancy is an Assured Shorthold Tenancy (AST) and the fixed term of the tenancy has ended. It cannot be served during the fixed term unless there is a clause in the tenancy agreement allowing for this. Once the fixed term has ended, a landlord can serve a Section 21 notice at any time as long as they give the tenant at least two months’ notice.
In addition, landlords must also ensure that they have complied with all legal requirements, such as protecting the tenant’s deposit in a government-approved scheme and providing the tenant with a copy of the property’s Energy Performance Certificate and relevant gas safety certificate.
How to serve a Section 21 notice
In order to serve a Section 21 notice, landlords must follow certain steps to ensure that the notice is valid and enforceable. The first step is to use the correct form, Form 6A, which can be found on the government’s website. This form must be completed accurately and clearly, including details such as the address of the property, the names of the tenants, and the date on which the notice is being served.
The notice must then be served on the tenants in one of the following ways:
1. By hand – the notice can be given to the tenant in person, either at the property or elsewhere.
2. By post – the notice can be sent by first class mail to the tenant’s last known address.
3. By email – if the tenancy agreement allows for notices to be served by email, this can also be an acceptable method.
Once the notice has been served, landlords should keep proof of service, such as a receipt if served by hand or a proof of postage if served by post. This will be important in case the tenant disputes the validity of the notice at a later date.
What happens after a Section 21 notice is served?
Once a Section 21 notice has been served, the tenant has a minimum of two months to vacate the property. If the tenant does not leave by the end of this period, the landlord can then apply to the court for a possession order.
It is important to note that landlords must follow the correct legal procedures when applying for a possession order, otherwise the court may not grant the order. This includes using the correct form, Form N5B, and providing evidence that the Section 21 notice was validly served.
If the court grants the possession order, the tenant will be given a date by which they must leave the property. If they fail to do so, the landlord can then apply for a warrant of possession, which allows bailiffs to evict the tenant.
Overall, serving a Section 21 notice can be a useful tool for landlords who need to regain possession of their property. However, it is important to ensure that all legal requirements are met and that the notice is served correctly. By following the correct procedures, landlords can successfully evict tenants and regain control of their property when needed.
Understanding How to serve section 21 notice for Landlords