If you are a landlord looking to regain possession of your property in England or Wales, one of the most common ways to do so is by serving a section 21 notice. This notice allows you to evict tenants without a specific reason, provided that certain conditions are met. In this article, we will guide you through the process of serving a section 21 notice and explain what you need to know.
What is a Section 21 notice?
A Section 21 notice is a legal document served by a landlord to a tenant to regain possession of a property at the end of a fixed-term tenancy agreement or during a periodic tenancy. Unlike a Section 8 notice, which requires the landlord to prove a breach of tenancy agreement by the tenant, a Section 21 notice does not require any fault on the part of the tenant.
When can you serve a Section 21 notice?
As a landlord, you can serve a Section 21 notice to your tenants if you have an assured shorthold tenancy (AST) agreement in place. However, there are certain conditions that must be met before you can serve the notice:
1. The tenants must have been given the required information at the start of the tenancy, including a copy of the government’s “How to Rent” guide.
2. The deposit must be protected in a government-approved scheme and the tenants must have been provided with the prescribed information within 30 days of receiving the deposit.
3. The property must have an up-to-date gas safety certificate.
4. The property must have an energy performance certificate (EPC).
5. The landlord must comply with the relevant licensing requirements for the property.
If any of these conditions are not met, you may not be able to serve a Section 21 notice until they are rectified.
How to serve a Section 21 notice
To serve a Section 21 notice, you must follow the correct procedure outlined in the Housing Act 1988. Here are the steps you need to take:
1. Give the tenant a minimum of two months’ notice in writing. The notice period must end on the last day of the tenancy period, which is usually the last day of a rental period.
2. Use a Form 6A, which is the prescribed form for serving a section 21 notice. The form must include all the necessary information, such as the date of service, the full name of the landlord, the property address, and the date on which possession is required.
3. Serve the notice in the correct way. You can do this by either delivering it by hand to the tenant or by sending it by first-class post. It is advisable to use recorded delivery to ensure that the notice is received.
4. Keep a record of how and when the notice was served. This will be important if you need to prove to the court that the notice was served correctly.
What happens next?
If the tenants do not vacate the property by the date specified in the Section 21 notice, you can apply to the court for a possession order. You will need to use Form N5B to start the court proceedings, and a hearing will be scheduled where a judge will decide whether to grant the possession order.
It is important to note that the court process can take several months, so it is advisable to try to resolve the situation amicably with the tenants before resorting to legal action. If the court grants a possession order, the tenants will be given a specified period of time to vacate the property. If they fail to do so, you may need to apply for a warrant of possession to evict them forcibly.
In conclusion, serving a Section 21 notice is a common way for landlords to regain possession of their property in England and Wales. By following the correct procedure and ensuring that all the conditions are met, you can increase the likelihood of a successful outcome. However, it is essential to seek legal advice if you are unsure about any aspect of serving a Section 21 notice to avoid any potential pitfalls.