If you are a landlord in the UK and you want to end a periodic assured shorthold tenancy, one of the ways to do so is by serving a Section 21 notice This notice allows you to regain possession of your property without providing a reason to the tenant However, it is important to follow the correct procedures when serving a Section 21 notice to ensure it is valid In this article, we will guide you on how to serve a Section 21 notice properly.
Before serving a Section 21 notice, there are a few things you need to consider Firstly, make sure the tenancy agreement is an assured shorthold tenancy and that the deposit has been protected in a government-approved scheme You also need to ensure that you have provided the tenant with all the required documents, such as an Energy Performance Certificate and a Gas Safety Certificate.
Once you have made sure all the necessary steps have been taken, you can proceed with serving the Section 21 notice Here is a step-by-step guide on how to do it:
1 Check the validity of the Section 21 notice
Before serving the notice, you need to make sure it is valid Check the date the tenancy started and that the tenants have been given the required documents Also, ensure that the notice period is at least two months long and expires after the end of the fixed term or the end of a rental period.
2 Serve the notice in writing
The Section 21 notice must be served in writing to the tenant You can deliver it by hand, post it through their letterbox, or send it by recorded delivery Make sure to keep a copy of the notice for your records.
3 Include all the required information
The notice must include certain information, such as the date the tenant is required to leave the property, the address of the rental property, and the name of the landlord or letting agency how do i serve a section 21 notice. It is also advisable to include the reason for serving the notice, even though it is not required by law.
4 Serve the notice at the right time
You cannot serve a Section 21 notice during the first four months of the tenancy If the fixed term has expired, you can serve the notice at any time If the fixed term is ongoing, you can serve the notice, but it will only become valid after the fixed term ends.
5 Use the correct form
There are two types of Section 21 notices: Form 6A for properties in England and Form 6B for properties in Wales Make sure you are using the correct form for the area where your property is located.
6 Keep proof of service
It is important to have proof that the Section 21 notice has been served to the tenant This could be a witness statement, a certificate of posting, or a receipt from a delivery service Having proof of service will be crucial if the tenant disputes receiving the notice.
7 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 leave the property voluntarily after the notice period has ended, you can apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a necessary step for landlords who want to regain possession of their property By following the correct procedures and ensuring the notice is served properly, you can avoid potential pitfalls and legal challenges Always seek legal advice if you are unsure about serving a Section 21 notice to make sure you are complying with the law.