If you are a landlord looking to regain possession of your property, serving a Section 21 notice is one of the most common ways to do so A Section 21 notice, also known as a no-fault eviction notice, allows you to ask your tenants to leave the property at the end of their tenancy agreement without giving a specific reason However, there are strict rules and procedures that must be followed when serving a Section 21 notice In this article, we will provide you with a step-by-step guide on how to serve a Section 21 notice properly.
1 Check your eligibility
Before serving a Section 21 notice, make sure you are eligible to do so You can serve a Section 21 notice if your tenants have an assured shorthold tenancy (AST) agreement, the deposit has been protected in a government-approved scheme, and you have provided your tenants with a copy of the relevant documents, including a valid gas safety certificate and an Energy Performance Certificate (EPC).
2 Give the correct notice period
The notice period you need to give your tenants depends on the terms of the tenancy agreement If the tenancy agreement is periodic (rolling from month to month or week to week), you must give your tenants at least two months’ notice If the tenancy agreement is fixed-term, you must give your tenants notice that expires on the last day of the fixed term.
3 Prepare the Section 21 notice
To serve a Section 21 notice, you need to provide your tenants with a written notice in the prescribed form You can download the Section 21 notice form from the government’s website or seek legal advice to ensure you are using the correct form Make sure to include all the necessary details, such as the property address, the date the notice is served, and the date by which the tenants are required to leave the property.
4 Serve the notice correctly
Once you have prepared the Section 21 notice, you need to serve it correctly to your tenants how to serve section 21 notice. There are three ways to serve a Section 21 notice: by hand, by post, or by email If you choose to serve the notice by hand, make sure to get proof of delivery from the tenants If you serve the notice by post, use recorded delivery to ensure it is delivered safely If you serve the notice by email, request a read receipt to confirm the tenants have received it.
5 Keep a record
After serving the Section 21 notice, make sure to keep a record of the date and method of service Keeping a record of the notice will help you prove to the court that you have followed the correct procedures in case the tenants contest the eviction.
6 Wait for the notice to expire
Once you have served the Section 21 notice, you must wait for the notice to expire before taking any further action The notice period starts from the day after the notice is served, and you must allow your tenants at least two months to vacate the property If the tenants do not leave by the specified date, you can apply to the court for a possession order.
In conclusion, serving a Section 21 notice is a crucial step in regaining possession of your property By following the step-by-step guide provided in this article, you can ensure that the eviction process is carried out legally and effectively Remember to check your eligibility, give the correct notice period, prepare the notice correctly, serve it in the right way, keep a record of service, and wait for the notice to expire By following these steps, you can successfully serve a Section 21 notice and regain possession of your property.