If you’re a landlord in the UK and you want to regain possession of your rented property, you may need to serve a Section 21 notice to your tenant. A Section 21 notice, also known as a “notice to quit,” is a legal document that informs the tenant that you wish to take back possession of the property at the end of their tenancy agreement. Here’s a step-by-step guide on how to serve a section 21 notice properly:
1. Check if you can serve a Section 21 notice
Before serving a Section 21 notice, you need to make sure that you have met all the legal requirements. These requirements include having protected the tenant’s deposit in a government-approved scheme, providing the tenant with an Energy Performance Certificate (EPC) and a Gas Safety Certificate, and serving them with a copy of the government’s “How to Rent” guide.
2. Determine the correct form
There are two different forms that can be used to serve a Section 21 notice: Form 6A for properties let on an assured shorthold tenancy (AST) that started on or after October 1, 2015, and Form 6 for ASTs that started before this date. Make sure you use the correct form for your tenancy agreement.
3. Provide the correct notice period
The notice period required for a Section 21 notice varies depending on the terms of the tenancy agreement. For a periodic tenancy, you must give at least two months’ notice, and for a fixed-term tenancy, the notice period must end on the last day of the tenancy agreement.
4. Serve the notice correctly
To serve a Section 21 notice correctly, you can either deliver it by hand to the tenant, send it by first-class post, or use a professional process server. If you choose to deliver it by hand, make sure you get a proof of delivery signed by the tenant. If you post it, keep a copy of the postal receipt and take note of the date it was posted.
5. Keep a record
It’s essential to keep a record of how and when the Section 21 notice was served to the tenant. This includes copies of the notice itself, proof of delivery if served by hand, and details of when and how it was posted if sent by mail.
6. 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. If the tenant does not vacate the property by the end of the notice period, you can apply to the court for a possession order.
7. Apply for a possession order
If the tenant does not leave the property voluntarily after the Section 21 notice expires, you can start eviction proceedings by applying to the court for a possession order. This process can be time-consuming and costly, so it’s essential to follow the correct legal procedures.
In conclusion, serving a Section 21 notice is a vital step in regaining possession of your property as a landlord. By following the steps outlined above and ensuring that you meet all the legal requirements, you can serve a Section 21 notice correctly and efficiently. If you’re unsure about any aspect of serving a Section 21 notice, it’s always best to seek legal advice to avoid any unnecessary complications.