If you’re a landlord looking to regain possession of your property from a tenant who is on an assured shorthold tenancy, you may need to serve a Section 21 notice. This notice gives your tenant at least two months’ notice that you require possession of the property. However, there are strict rules and procedures that must be followed when serving a Section 21 notice. Here is a step-by-step guide on how to serve a section 21 notice correctly.
1. Ensure your tenancy agreement is valid: Before serving a Section 21 notice, you must ensure that your tenancy agreement is valid. This means that the tenant has signed the agreement, and the necessary information has been provided, such as the deposit protection information and the correct address for serving notices.
2. Check the status of the tenancy: To serve a Section 21 notice, the tenancy must be an assured shorthold tenancy. If the tenancy is not an assured shorthold tenancy, you will not be able to use a Section 21 notice to regain possession of the property.
3. Provide the necessary documentation: When serving a Section 21 notice, you must provide the tenant with a copy of the Energy Performance Certificate, the Gas Safety Certificate, and the Government’s How to Rent guide. These documents must be provided before or at the start of the tenancy for the Section 21 notice to be valid.
4. Determine when the Section 21 notice can be served: You cannot serve a Section 21 notice within the first four months of the tenancy. After the first four months have passed, you can serve a Section 21 notice at any time, as long as the correct notice period is given.
5. Serve the Section 21 notice correctly: The Section 21 notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. The notice must also give the tenant at least two months’ notice to vacate the property.
6. Use the correct form: When serving a Section 21 notice, you must use the correct form. The two forms that can be used are Form 6A for properties in England and Form 6 for properties in Wales. These forms can be downloaded from the government’s website.
7. Serve the notice correctly: The Section 21 notice can be served in person, by post, or by email if the tenant has agreed to receive notices electronically. If serving by post, it is advisable to use recorded delivery to ensure proof of delivery.
8. Keep records of service: It is important to keep a record of how and when the Section 21 notice was served. This could include a copy of the notice, proof of postage, or a receipt if served in person. Keeping accurate records will help to avoid disputes later on.
9. Be prepared to follow up: Once the Section 21 notice has been served, you will need to wait for the notice period to expire before applying to the court for a possession order. It is important to be prepared to follow up on the notice if the tenant does not vacate the property voluntarily.
10. Seek legal advice if needed: Serving a Section 21 notice can be a complex process, and it is important to seek legal advice if you are unsure of the correct procedures. A solicitor specialising in landlord and tenant law can provide guidance and ensure that the notice is served correctly.
In conclusion, serving a Section 21 notice is a necessary step for landlords looking to regain possession of their property from tenants on assured shorthold tenancies. By following the correct procedures and ensuring that all documentation is in order, you can successfully serve a Section 21 notice and regain possession of your property lawfully.