If you are a landlord in England looking to regain possession of your property from your tenants, you may need to serve a Section 21 notice This notice is commonly referred to as a “no-fault” eviction notice, as it allows landlords to evict tenants without giving a reason However, serving a Section 21 notice must be done correctly to be valid and enforceable.
What is a Section 21 notice?
A Section 21 notice is a legal notice served by a landlord to regain possession of their property from a tenant It is often used when a landlord wants to evict a tenant at the end of their fixed-term tenancy or during a periodic tenancy.
When can a Section 21 notice be served?
In order to serve a Section 21 notice, certain criteria must be met These include:
– The tenancy must be an assured shorthold tenancy (AST).
– The deposit must be protected in a government-approved scheme.
– The tenant must have been provided with a copy of the government’s “How to rent” guide.
– The landlord must have provided the tenant with a valid Energy Performance Certificate (EPC) and Gas Safety Certificate.
– The notice must be served at least two months before the date the tenant is required to leave.
How to serve a Section 21 notice?
There are two ways to serve a Section 21 notice: using the “Form 6A” prescribed by the government or providing a written notice to the tenant It is important to ensure that the notice is served correctly and within the legal timeframe.
Using Form 6A:
To use the Form 6A prescribed by the government, you simply need to fill in the required information, including the date the notice is served, the date the tenant is required to leave, and the address of the property You can then serve the notice to the tenant either by post or in person.
Providing a written notice:
If you choose to provide a written notice instead of using Form 6A, it is important to include all the necessary information, such as the date the notice is served, the date the tenant is required to leave, and the address of the property serving section 21. The notice must also be signed by the landlord or their agent.
What happens after serving a Section 21 notice?
Once a Section 21 notice has been served, the tenant must vacate the property by the date specified in the notice If the tenant does not leave by this date, the landlord can apply to the court for a possession order.
It is important to note that landlords cannot evict tenants without a possession order from the court Attempting to force a tenant to leave without a court order is illegal and could result in legal action against the landlord.
In conclusion, serving a Section 21 notice is a legal process that allows landlords to regain possession of their property from tenants It is important to ensure that the notice is served correctly and within the legal timeframe to avoid any complications If you are unsure about how to serve a Section 21 notice, it is recommended to seek advice from a legal professional.