As a landlord, there may come a time when you need to regain possession of your property from your tenants. One way to do this is by serving a section 21 notice, also known as a notice of possession. This type of notice is commonly used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy.
Here is everything you need to know about serving a section 21 notice:
What is a Section 21 notice?
A Section 21 notice is a legal notice that landlords can use to ask their tenants to leave the property after a fixed-term tenancy has ended. It is a ‘no-fault’ eviction notice, meaning that the landlord does not need to give a reason for asking the tenant to leave. However, there are specific requirements that a landlord must meet in order to serve a valid Section 21 notice.
When can a Section 21 notice be served?
A Section 21 notice can be served when the fixed-term of the tenancy has ended or if the tenancy is a periodic tenancy. The notice must give the tenant at least two months’ notice before they are required to leave the property. It is important to note that a Section 21 notice cannot be served within the first four months of the tenancy.
What are the requirements for serving a section 21 notice?
In order to serve a valid Section 21 notice, landlords must ensure that they have met the following requirements:
1. Protection of the tenant’s deposit: Landlords must have protected the tenant’s deposit in a government-approved tenancy deposit scheme. They must also provide the tenant with details of the scheme within 30 days of receiving the deposit.
2. Provide the tenant with the required documents: Landlords must provide tenants with a current gas safety certificate, an Energy Performance Certificate (EPC), and the government’s ‘How to Rent’ guide.
3. Give correct notice period: Landlords must provide tenants with at least two months’ notice before the required date of possession stated in the Section 21 notice.
4. Use the correct form: Landlords must use the correct form to serve the Section 21 notice. This is usually Form 6A for properties in England or the equivalent form for properties in Wales.
What happens after a Section 21 notice has been served?
Once a valid Section 21 notice has been served to the tenant, they must vacate the property by the date stated in the notice. If the tenant does not leave voluntarily, the landlord can apply to the court for a possession order. The court will then decide whether to grant the possession order and specify a date by which the tenant must leave the property.
It is important for landlords to follow the correct procedures when serving a Section 21 notice to avoid any delays in regaining possession of their property. Failure to comply with the requirements could result in the notice being deemed invalid, requiring the landlord to start the process again.
In conclusion, serving a Section 21 notice is a legal way for landlords to regain possession of their property when a fixed-term tenancy has ended. By following the correct procedures and meeting the necessary requirements, landlords can ensure a smooth process of evicting tenants and taking back possession of their property.