If you are a landlord looking to regain possession of your property from tenants who have a assured shorthold tenancy, one of the routes available to you is serving a Section 21 notice This notice is one of the most common and straightforward ways for a landlord to legally end a tenancy agreement in England and Wales.
What is a Section 21 notice?
A Section 21 notice, also known as a “no-fault eviction”, is a legal notice served by a landlord to regain possession of a property from tenants This notice can be used by landlords to end a tenancy agreement after the fixed term has expired or during a periodic tenancy It does not require the landlord to provide a reason for wanting possession, hence the term “no-fault eviction”.
When can a Section 21 notice be served?
A Section 21 notice can be served at any time during a tenancy but must be done correctly to be valid It can only be used after the fixed term of the tenancy has ended, or during a periodic tenancy The notice period must be at least two months, and the landlord cannot try to evict the tenants before this period ends.
How to serve a Section 21 notice
In order to serve a Section 21 notice, landlords must follow a few key steps to ensure that the notice is valid:
1 Validity of the tenancy agreement: The tenancy agreement must be an assured shorthold tenancy (AST) for a Section 21 notice to be valid If the tenancy is not an AST, the landlord cannot use this notice to evict the tenants.
2 Provide a written notice: The Section 21 notice must be in writing and clearly state that it is a Section 21 notice under the Housing Act 1988 It should also include the date by which the tenants are required to vacate the property.
3 serving section 21 notice. Serve the notice correctly: The notice must be served to the tenants either by post or by hand If serving by post, landlords should consider sending the notice via recorded delivery to ensure proof of delivery.
4 Use the correct form: Landlords must use the correct form when serving a Section 21 notice There are two different forms that can be used depending on when the notice is served – Form 6A for notices served on or after 1 October 2015, and Form 6 for notices served before this date.
What happens after a Section 21 notice is served?
Once a Section 21 notice has been served correctly, the tenants are given a minimum of two months’ notice to vacate the property If the tenants do not leave by the specified date, the landlord can apply to the court for a possession order This order will allow the landlord to take back possession of the property through the court system if necessary.
It is important for landlords to follow the correct procedures when serving a Section 21 notice to avoid any delays or complications in regaining possession of their property Failure to serve the notice correctly can result in the notice being deemed invalid, leading to further delays in the eviction process.
In conclusion, serving a Section 21 notice is a legal way for landlords to end a tenancy agreement and regain possession of their property from tenants By following the correct procedures and ensuring that the notice is served correctly, landlords can effectively use this notice to evict tenants and regain control of their property.