One of the most common ways for a landlord to evict a tenant in England is by serving a Section 21 notice This legal notice allows a landlord to end an assured shorthold tenancy agreement without giving a reason However, serving a Section 21 notice must be done correctly to be valid and enforceable In this article, we will outline the steps on how to serve a Section 21 notice properly.
Step 1: Check Your Tenancy Agreement
Before serving a Section 21 notice, it is crucial to check your tenancy agreement to ensure that it is an assured shorthold tenancy If your tenancy agreement is not an assured shorthold tenancy or if it has expired, you cannot use a Section 21 notice to evict your tenant Make sure that the fixed term of the tenancy has ended, or the tenant is on a periodic rolling tenancy.
Step 2: Give the Correct Notice Period
The notice period required for a Section 21 notice depends on the type of tenancy agreement For a fixed-term tenancy, the notice period must be at least two months For a periodic tenancy, the notice period is determined by the rental period Ensure you provide the correct notice period in your Section 21 notice to avoid any disputes.
Step 3: Use the Correct Form
To serve a Section 21 notice, you must use the prescribed form for this purpose The current form is Form 6A, which should be filled out with the relevant details, such as the tenant’s name, address, and the date the notice is served It is essential to ensure that the form is completed accurately to avoid any potential challenges to the eviction.
Step 4: Serve the Notice Properly
There are two ways to serve a Section 21 notice: hand delivery or posting it through the letterbox how to serve section 21 notice. If you choose to hand deliver the notice, make sure to have a witness present and request that the tenant signs a receipt to confirm they have received the notice If you post the notice through the letterbox, it is essential to take a photograph of the notice next to the letterbox as evidence of service.
Step 5: Keep Evidence of Service
Regardless of how you serve the Section 21 notice, it is crucial to keep evidence of service This could include a signed receipt, a witness statement, or a photograph of the notice next to the letterbox Keeping detailed records of how and when the notice was served will help you in the event of any disputes with the tenant.
Step 6: Consider the Tenants’ Deposit
If you have taken a tenancy deposit from the tenant, you must ensure that it is protected in a government-approved tenancy deposit scheme Before serving a Section 21 notice, make sure that the deposit has been protected and that the prescribed information has been provided to the tenant within the required timeframe Failure to comply with the deposit protection rules can invalidate the Section 21 notice.
Step 7: Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action During this time, you should not accept any rent payments from the tenant, as this could be seen as waiving your right to evict them If the tenant does not vacate the property voluntarily after the notice period expires, you may need to apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a legal process that must be done correctly to be valid and enforceable By following the steps outlined in this article, landlords can ensure that they serve a Section 21 notice properly and increase their chances of successfully evicting a tenant It is essential to seek legal advice if you are unsure about how to serve a Section 21 notice to avoid any potential pitfalls in the eviction process.