When you need to evict a tenant from your rental property in England or Wales, serving a Section 21 notice is a crucial step in the legal process A Section 21 notice is a notice served by landlords to end an assured shorthold tenancy agreement It is a no-fault eviction procedure, meaning the landlord does not need to prove any wrongdoing on the tenant’s part.
Here is a step by step guide on how to serve a Section 21 notice effectively:
1 Check Your Eligibility:
Before serving a Section 21 notice, make sure you are eligible to do so You can serve a Section 21 notice if your tenancy is an assured shorthold tenancy, the deposit has been placed in a deposit protection scheme, and you have provided the tenant with a copy of the government’s “how to rent” guide.
2 Give Proper Notice Period:
The length of the notice period you must give depends on the type of tenancy agreement you have If your tenancy was created after October 1, 2015, you must give at least two months’ notice If your tenancy was created before that date, different rules may apply.
3 Use the Appropriate Form:
To serve a Section 21 notice, you must use the correct form In England, you should complete a Form 6A – Notice seeking possession of a property let on an assured shorthold tenancy In Wales, you should use a Form 6A – Notice seeking possession of a property let on an assured shorthold tenancy.
4 Serve the Notice Properly:
You can serve the Section 21 notice either by hand delivery or by post If you choose to deliver the notice by hand, make sure to do so at least two months before the date you want the tenant to leave how do you serve a section 21 notice. If you decide to send the notice by post, consider using recorded delivery to have proof that the notice was received.
5 Keep Records:
It is essential to keep a copy of the Section 21 notice served, as well as proof of service These records may come in handy should you need to prove that the notice was served correctly.
6 Consider Using a Professional:
If you are unsure about serving a Section 21 notice or want to ensure that you do everything correctly, consider seeking advice from a legal professional or a letting agent They can guide you through the process and help you avoid any mistakes that could delay the eviction process.
7 Wait for the Notice Period to End:
Once you have served the Section 21 notice, you must wait for the notice period to end before taking further action If the tenant does not vacate the property by the end of the notice period, you can apply to the court for a possession order.
8 Seek Legal Advice if Necessary:
If the tenant refuses to leave the property after the notice period has ended, you may need to seek legal advice on how to proceed further The court can issue a possession order that allows you to evict the tenant with the help of court-appointed bailiffs.
Serving a Section 21 notice is a necessary step in the eviction process for landlords in England and Wales By following the steps outlined above and ensuring that you serve the notice correctly, you can evict a tenant efficiently and legally Remember to always seek advice from legal professionals or letting agents if you are unsure about any aspect of serving a Section 21 notice.