If you are a landlord looking to regain possession of your property from your tenant, you may need to serve a Section 21 notice This notice is typically used at the end of an assured shorthold tenancy and allows you to evict your tenant without providing a reason, as long as you follow the correct procedure Here is a step-by-step guide on how to serve a Section 21 notice:
1 Check your tenancy agreement
Before serving a Section 21 notice, you must ensure that your tenancy agreement is an assured shorthold tenancy and that all the necessary conditions have been met Make sure that you have protected your tenant’s deposit in a government-approved scheme and that you have provided them with the legally required documents, such as an energy performance certificate and a gas safety certificate.
2 Determine the appropriate form
There are two different forms that you can use to serve a Section 21 notice: Form 6A and Form 3 Form 6A is used for tenancies that began on or after October 1, 2015, while Form 3 is used for tenancies that began before this date Make sure to use the correct form for your specific situation.
3 Provide the correct information
When filling out the Section 21 notice, you must provide all the necessary information, including the date the notice is served, the date by which the tenant must leave the property, and the address of the rental property You must also ensure that the notice is addressed to all the tenants named on the tenancy agreement.
4 Serve the notice correctly
There are several ways in which you can serve a Section 21 notice to your tenant You can deliver it by hand, post it through the letterbox, or send it by first-class mail how to serve section 21 notice. If you choose to send it by mail, make sure to use a signed-for delivery service to ensure that the notice is received by the tenant.
5 Keep records of service
It is crucial to keep detailed records of how and when you served the Section 21 notice to your tenant This includes keeping copies of the notice itself, any proof of postage or delivery, and a record of the date the notice was served These records may be needed as evidence if the case goes to court.
6 Wait for the notice period to expire
Once you have served the Section 21 notice to your tenant, you must wait for the notice period to expire before taking any further action The notice period is usually two months, but it can be longer if stated in the tenancy agreement During this time, you cannot evict your tenant or take any steps to force them to leave the property.
7 Apply to the court for a possession order
If the tenant does not leave the property by the end of the notice period, you can apply to the court for a possession order This involves submitting the necessary forms and evidence to the court and attending a hearing If the court grants the possession order, the tenant will be given a specific date by which they must vacate the property.
By following these steps and ensuring that you serve the Section 21 notice correctly, you can regain possession of your property in a lawful and efficient manner Remember to always seek legal advice if you are unsure about any aspect of serving a Section 21 notice.