If you are a landlord looking to regain possession of your property in England, serving a Section 21 notice may be the right course of action. A Section 21 notice is a legal document that gives a tenant at least two months’ notice to vacate the property. In order to serve a Section 21 notice correctly, there are certain steps and requirements that must be followed. Here is a guide on how to serve a section 21 notice effectively.
Step 1: Ensure the Tenancy is Assured Shorthold Tenancy (AST)
Before serving a Section 21 notice, you must ensure that the tenancy agreement is an Assured Shorthold Tenancy (AST). This type of tenancy is the most common form of tenancy in the private rental sector in England. It provides the landlord with a straightforward way of regaining possession of the property without having to give a reason.
Step 2: Provide Prescribed Information
Under the Deregulation Act 2015, landlords must provide tenants with certain prescribed information at the start of the tenancy in order for a Section 21 notice to be valid. This includes the Energy Performance Certificate (EPC), gas safety certificate, and a copy of the government’s “How to Rent” guide. Make sure you have complied with these requirements before serving a Section 21 notice.
Step 3: Check the Tenancy Deposit is Protected
If you have taken a tenancy deposit from your tenant, you are required by law to protect it in a government-approved deposit protection scheme. Before serving a Section 21 notice, make sure the deposit is protected and that you have provided the tenant with the prescribed information relating to the deposit protection scheme.
Step 4: Check the Notice Period
A Section 21 notice must give the tenant at least two months’ notice to vacate the property. The notice period must end on the last day of the tenancy period, which is usually the same day of the month that the tenancy started. Ensure the notice period is correct before serving the notice to avoid any delays in regaining possession of the property.
Step 5: Complete the Section 21 Notice Form
There are two types of Section 21 notice forms: Form 6A for properties in England and Form AT6 for properties in Wales. Make sure you are using the correct form for the location of your property. The form must be completed accurately and include all the required information, such as the address of the property, details of the tenants, and the date the notice is being served.
Step 6: Serve the Section 21 Notice
There are several ways in which you can serve a Section 21 notice to your tenant. You can serve the notice in person, send it by post, or deliver it electronically if the tenancy agreement allows for electronic communication. It is advisable to use a method of service that provides proof of delivery, such as recorded delivery or email read receipts, to ensure that the notice has been received by the tenant.
Step 7: Keep Copies of the Section 21 Notice
It is important to keep copies of the Section 21 notice and evidence of how it was served. This will be crucial in case the tenant disputes receiving the notice or challenges the possession claim in court. Keep records of the delivery method used, proof of postage, and any correspondence with the tenant regarding the notice.
In conclusion, serving a Section 21 notice requires landlords to follow specific steps and requirements to ensure its validity. By following the guide above and carefully adhering to the legal process, landlords can successfully serve a Section 21 notice and regain possession of their property in England. If you are facing challenges or uncertainties in serving a Section 21 notice, it is recommended to seek legal advice from a solicitor specialising in landlord and tenant law.
Serve a Section 21 notice correctly can be complex, but by following the steps outlined above, landlords can navigate the process effectively and regain possession of their property in a timely manner.