Serving a Section 21 notice is an essential step for landlords who wish to regain possession of their property in England or Wales This notice is used when a landlord wants to evict an assured shorthold tenant after the fixed term of the tenancy has ended, or during a periodic tenancy with no specific end date.
If you are a landlord and need to serve a Section 21 notice, it is crucial to follow the correct procedures to ensure that the notice is valid Here is a step-by-step guide on how to serve a Section 21 notice effectively:
1 Check the Tenancy Agreement
Before serving a Section 21 notice, it is essential to review the tenancy agreement to ensure that it complies with the legal requirements Make sure that the tenancy agreement includes the necessary terms and conditions, such as the rent amount, the tenancy start and end dates, and any other relevant information.
2 Provide the Relevant Documents
In order to serve a Section 21 notice, you must provide the tenant with a copy of the Energy Performance Certificate (EPC) for the property, a copy of the gas safety certificate (if applicable), and the government’s “How to Rent” guide These documents must be given to the tenant at the start of the tenancy, or before serving the Section 21 notice.
3 Check the Validity of the Section 21 Notice
Before serving the Section 21 notice, make sure that the notice is valid and complies with all the legal requirements The notice must be in writing, clearly state that it is a Section 21 notice, provide the date on which possession is required (which must be at least two months from the date of service), and include the name and address of the landlord.
4 Serve the Section 21 Notice
Once you have prepared the Section 21 notice and ensured that it is valid, you can serve the notice to the tenant The notice can be served by post or in person, but it is advisable to use a method that provides proof of service, such as recorded delivery or hand-delivery with a witness Keep a record of how and when the notice was served.
5 Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action how do you serve a section 21 notice. The notice period is typically two months, but it can be longer if specified in the tenancy agreement During this time, the tenant has the opportunity to vacate the property voluntarily.
6 Apply for a Possession Order
If the tenant does not vacate the property after the notice period has expired, you can apply for a possession order from the court You will need to complete the necessary forms and pay the relevant fee to start the possession proceedings The court will review the case and schedule a hearing to determine whether possession should be granted.
7 Attend the Court Hearing
When the court schedules a hearing for the possession order application, you must attend the hearing and present your case to the judge You will need to provide evidence to support your claim for possession, such as the tenancy agreement, the Section 21 notice, and any communication with the tenant regarding the eviction.
8 Obtain the Possession Order
If the judge grants the possession order, the tenant will be required to vacate the property within a specified time frame If the tenant fails to comply with the order, you can apply for a warrant of possession from the court, which allows bailiffs to evict the tenant forcibly.
Serving a Section 21 notice is a critical step in the eviction process, and it is essential to follow the correct procedures to ensure that the notice is valid and enforceable By following this step-by-step guide, landlords can navigate the eviction process smoothly and regain possession of their property lawfully.
As a landlord, it is your responsibility to understand the legal requirements and procedures for serving a Section 21 notice By taking the necessary steps and seeking legal advice if needed, you can ensure a successful eviction process and protect your rights as a property owner.