As a landlord, it is important to be familiar with the legal process of serving a section 21 notice. This notice is commonly used to evict tenants under an Assured Shorthold Tenancy (AST) agreement. In this article, we will discuss what a Section 21 notice is, when it can be used, how to serve it properly, and what to do if your tenant refuses to leave.
What is a Section 21 notice?
A Section 21 notice is a legal document served by a landlord to a tenant to inform them that the landlord wishes to regain possession of the property at the end of the fixed term of the tenancy or after a specified date. This notice does not require the landlord to provide a reason for the eviction, hence it is often referred to as a “no-fault eviction”.
When can a Section 21 notice be used?
A Section 21 notice can be used when the tenancy is an Assured Shorthold Tenancy (AST) and the fixed term has ended, or when the tenancy is a periodic tenancy. Landlords cannot serve a Section 21 notice within the first four months of the tenancy, and they must also ensure that they have complied with all legal requirements, such as providing the tenant with a copy of the relevant documents, protecting the tenant’s deposit in a government-approved scheme, and maintaining the property in a good state of repair.
How to serve a Section 21 notice properly
To serve a Section 21 notice properly, landlords must ensure that they have complied with the following steps:
1. Give the tenant a minimum of two months’ notice in writing. The notice period must end on the last day of a rental period.
2. Use the correct form for serving a section 21 notice. In England, landlords must use Form 6A, while in Wales, landlords must use Form 6.
3. Ensure that the notice is served correctly. This can be done by delivering it in person, sending it by post, or by email if the tenancy agreement allows for it. Landlords should also keep proof of service to confirm that the notice has been received by the tenant.
What to do if the tenant refuses to leave
If the tenant refuses to leave the property after receiving a Section 21 notice, landlords have the option to apply to the court for a possession order. There are two types of possession orders that can be applied for:
1. Accelerated possession order: This is a quicker and simpler process that does not involve a court hearing, as long as the paperwork is submitted correctly. However, this option is only available if the tenant has not breached the tenancy agreement.
2. Standard possession order: This involves a court hearing where the judge will decide whether to grant possession of the property to the landlord. This option is more appropriate if the tenant has breached the tenancy agreement or if there are complex circumstances involved.
In conclusion, serving a section 21 notice is an important legal step that landlords must follow to regain possession of their property. By understanding what a Section 21 notice is, when it can be used, how to serve it properly, and what to do if the tenant refuses to leave, landlords can ensure a smooth and efficient eviction process. Remember to always seek legal advice if you are unsure about the process to avoid any potential pitfalls along the way.