If you’re a landlord looking to evict a tenant from your property in England or Wales, one of the most common ways to do so is by serving a Section 21 notice This notice is used to regain possession of your property at the end of a fixed-term assured shorthold tenancy, or during a periodic assured shorthold tenancy However, serving a Section 21 notice can be a complex process, so it’s important to understand the steps involved in order to do it correctly and legally.
What is a Section 21 notice?
A Section 21 notice is a legal notice that a landlord can give to their tenant to regain possession of a property once their tenancy agreement has come to an end It allows landlords to evict tenants without having to provide a reason for doing so, as long as certain conditions are met
When can a Section 21 notice be served?
In order to serve a Section 21 notice, there are a number of requirements that must be met These include:
– The property must be let on an assured shorthold tenancy.
– The tenant must have been provided with a copy of the government’s “How to Rent” guide.
– The landlord must have protected the tenant’s deposit in a government-approved scheme and provided the tenant with the prescribed information.
– The landlord must not have breached any other legal requirements, such as failing to obtain a licence for a House in Multiple Occupation (HMO).
How to serve a Section 21 notice
Step 1: Check the validity of your Section 21 notice
Before serving a Section 21 notice, it’s important to ensure that it is valid This includes checking that all the required documents have been provided to the tenant, such as the How to Rent guide and the deposit protection information
Step 2: Decide on the type of Section 21 notice to serve
There are two types of Section 21 notices that can be served: a Section 21(1) notice, which can be served during a fixed-term tenancy, and a Section 21(4) notice, which can be served during a periodic tenancy how do i serve a section 21 notice. It’s important to choose the correct type of notice based on the circumstances of your tenancy agreement.
Step 3: Complete the Section 21 notice form
The Section 21 notice form can be found on the government’s website You will need to fill in all the required information, such as the address of the property, the date the notice is being served, and the date by which the tenant is required to leave the property.
Step 4: Serve the Section 21 notice to the tenant
There are several ways in which you can serve a Section 21 notice to your tenant These include:
– Hand delivering the notice to the tenant.
– Posting the notice through the letterbox of the property.
– Sending the notice by recorded delivery.
It’s important to keep a record of how and when the notice was served, in case you need to provide evidence of this at a later date.
Step 5: Wait for the notice period to expire
Once the Section 21 notice has been served, the tenant is required to leave the property by the date specified in the notice If they do not leave by this date, you can apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a key step in the process of evicting a tenant from your property By following the steps outlined above and ensuring that all legal requirements are met, you can increase the chances of a successful eviction If you are unsure about how to serve a Section 21 notice, it’s always a good idea to seek advice from a legal professional.