If you are a landlord wishing to regain possession of your property in England, serving a Section 21 notice is an important step in the process. A Section 21 notice, also known as a “no-fault eviction notice”, allows you to evict your tenants without providing a reason. However, it is crucial to follow the correct procedures when serving a Section 21 notice to ensure it is valid and enforceable. In this article, we will provide a comprehensive guide on how to serve a section 21 notice properly.
Step 1: Check Your Eligibility
Before serving a Section 21 notice, you must ensure that you are eligible to do so. To serve a Section 21 notice, you must have protected your tenant’s deposit in a government-approved scheme and provided them with the relevant prescribed information. Additionally, you cannot serve a Section 21 notice during the fixed term of the tenancy agreement.
Step 2: Provide the Correct Notice Period
The notice period required for a Section 21 notice depends on the type of tenancy agreement in place. For a periodic tenancy, you must provide at least two months’ notice in writing. If the fixed-term tenancy has ended and the tenancy is now periodic, you can serve a Section 21 notice at any time.
Step 3: Use the Correct Form
When serving a Section 21 notice, you must use the correct form prescribed by the government. The most commonly used form is Form 6A, which is used for assured shorthold tenancies in England. You can download Form 6A from the government’s website or obtain it from a stationery shop.
Step 4: Serve the Notice Correctly
To serve a Section 21 notice, you must provide it in writing to your tenant. You can do this by posting it through the letterbox, sending it by recorded delivery, or handing it to the tenant in person. It is essential to keep proof of service, such as a signed delivery receipt or a witness statement, in case you need to prove that the notice was served correctly.
Step 5: Check the Notice Period
After serving the Section 21 notice, you must ensure that the notice period has expired before taking any further action. If the tenant does not vacate the property voluntarily after the notice period has expired, you can apply to the court for a possession order.
Step 6: Apply for a Possession Order
If the tenant fails to vacate the property after the notice period has expired, you can apply to the court for a possession order. You will need to complete the relevant court forms and pay the court fee. The court will then set a date for a hearing, where a judge will decide whether to grant you a possession order.
Step 7: Evicting the Tenant
If the court grants you a possession order, the tenant will be required to vacate the property by a specified date. If the tenant fails to leave the property voluntarily, you can apply for a warrant of possession, which authorizes bailiffs to evict the tenant forcibly.
In conclusion, serving a Section 21 notice is a crucial step in the eviction process for landlords in England. By following the correct procedures and using the prescribed form, you can ensure that your Section 21 notice is valid and enforceable. If you are unsure about how to serve a section 21 notice, it is recommended to seek legal advice to avoid any potential pitfalls.