If you’re a landlord in the UK looking to evict your tenants, one of the most common ways to do so is by serving a Section 21 notice. This notice allows you to evict tenants without providing a reason, as long as you follow the proper procedures. In this article, we’ll walk you through the steps on how to serve a section 21 notice correctly.
What is a Section 21 notice?
A Section 21 notice is a legal document served by a landlord to end an assured shorthold tenancy (AST) agreement. This notice allows the landlord to evict the tenant without having to provide a reason, as long as the correct procedures are followed. It is important to note that a Section 21 notice cannot be used if the tenancy agreement is a periodic tenancy or if the fixed term has not yet expired.
Step 1: Check your eligibility
Before serving a Section 21 notice, you must ensure that you are eligible to do so. This includes making sure that you have protected the tenant’s deposit in a government-approved scheme, provided the tenant with an Energy Performance Certificate (EPC), gas safety certificate, and a copy of the government’s “How to Rent” guide.
Step 2: Provide proper notice
In order to serve a Section 21 notice, you must give your tenant at least 2 months’ notice in writing. The notice period must end on the last day of the fixed term or at the end of a rental period. It is important to clearly state the date when the tenant is required to vacate the property in the notice.
Step 3: Serve the notice correctly
There are two ways to serve a Section 21 notice – by hand or by post. If serving the notice by hand, make sure to get a signature from the tenant as proof of receipt. If serving by post, it is recommended to send the notice via recorded delivery to ensure that it has been received.
Step 4: Keep a record
It is crucial to keep a record of how and when the Section 21 notice was served. This can be in the form of a copy of the notice, proof of posting, or a signed delivery receipt. Having this documentation will be essential in case of any disputes or legal proceedings.
Step 5: Await the tenant’s response
Once the Section 21 notice has been served, the tenant has 2 months to vacate the property. If the tenant fails to leave by the specified date, you can apply to the court for a possession order. It is important to follow the legal process and not take matters into your own hands.
Step 6: Applying for a possession order
If the tenant has not vacated the property by the specified date, you can apply to the court for a possession order. This can be done by filling out the relevant court forms and providing evidence that the Section 21 notice was served correctly.
Step 7: Eviction
If the court grants you a possession order, the tenant will be ordered to leave the property by a certain date. If the tenant still refuses to vacate, you may have to enlist the help of bailiffs to forcefully remove them from the property.
In conclusion, serving a Section 21 notice is a legal process that must be done correctly to avoid any complications or delays. By following the steps outlined above, you can ensure that you serve the notice properly and successfully evict your tenants if necessary. Remember to always seek legal advice if you are unsure of the procedures or if you encounter any difficulties along the way.
By following these guidelines, you can serve a Section 21 notice with confidence and peace of mind.