If you are a landlord looking to regain possession of your property in England, serving a Section 21 notice is an essential part of the process. A Section 21 notice is a legal notice that allows you to evict your tenants without giving a reason, as long as you have followed the correct procedures.
Here is a step-by-step guide on how to serve a section 21 notice correctly:
1. Check That You Can Serve a Section 21 Notice
Before serving a Section 21 notice, you need to make sure that you have met all the legal requirements. These include ensuring that your tenants have a valid tenancy agreement, protecting their deposit in a government-approved scheme, and providing them with a copy of the property’s EPC and Gas Safety Certificate. If any of these requirements have not been met, you will not be able to serve a Section 21 notice.
2. Give Your Tenants the Correct Notice Period
The notice period you need to give your tenants depends on the type of tenancy agreement they have. For a fixed-term tenancy, the notice period is usually two months. However, if the fixed term has expired and the tenancy has become a periodic tenancy, you may need to give your tenants at least four months’ notice.
3. Prepare the Section 21 Notice
To serve a Section 21 notice, you will need to fill out a Form 6A, which is the official notice for seeking possession of a property under Section 21 of the Housing Act 1988. Make sure to include all the necessary information, such as the address of the property, the names of the tenants, and the date the notice is served.
4. Serve the Section 21 Notice Correctly
There are several ways you can serve a Section 21 notice on your tenants. You can either deliver it by hand, send it by post, or email it if your tenancy agreement allows for service by email. If you choose to serve the notice by post, make sure to send it by first-class mail and request proof of postage.
5. Keep Records of the Section 21 Notice
It is crucial to keep a record of the Section 21 notice you have served on your tenants. Make sure to save a copy of the notice, along with proof of service, such as a signed delivery receipt or an email confirmation. These records will be essential if you need to prove that you have followed the correct procedures in the event of a dispute.
6. Wait for the Notice Period to Expire
After serving the Section 21 notice, you will need to wait for the notice period to expire before you can take any further action. During this time, your tenants have the opportunity to vacate the property voluntarily. If they do not leave by the end of the notice period, you can apply to the court for a possession order.
7. Apply for a Possession Order
If your tenants have not vacated the property by the end of the notice period, you can apply to the court for a possession order. You will need to fill out the necessary forms and provide evidence that you have followed the correct procedures in serving the Section 21 notice. The court will then schedule a hearing to decide whether to grant the possession order.
8. Obtain a Warrant for Possession
If the court grants you a possession order, your tenants will be required to leave the property by a certain date. If they fail to do so, you can apply for a warrant for possession, which gives bailiffs the authority to evict your tenants forcibly. Once the warrant is obtained, the bailiffs will schedule a date to remove the tenants from the property.
By following these steps, you can serve a Section 21 notice correctly and regain possession of your property legally. Remember to always seek legal advice if you are unsure about the procedures involved in serving a Section 21 notice.