If you are a landlord looking to regain possession of your property from a tenant, one of the most common ways to do so is by serving a Section 21 notice This legal document gives notice to the tenant that the landlord wants the property back, usually after the fixed term of the tenancy has ended In this article, we will discuss everything you need to know about serving a Section 21 notice.
What is a Section 21 notice?
A Section 21 notice, also known as a no-fault eviction notice, is a legal document used by landlords in England and Wales to regain possession of their property without providing a specific reason It is often used when a landlord wants to evict a tenant at the end of their fixed term tenancy or during a periodic tenancy.
When can a Section 21 notice be served?
In order to serve a Section 21 notice, certain conditions must be met These include:
1 The tenancy must be an assured shorthold tenancy (AST)
2 The tenancy must be in writing
3 The deposit must be protected in a government-approved scheme
4 The landlord must have provided the tenant with the prescribed information about the deposit
5 The tenant must have been given the required notice period
It is important to note that a Section 21 notice cannot be served if the property is in a state of disrepair or if the landlord has not fulfilled their legal obligations, such as providing the tenant with a gas safety certificate.
How to serve a Section 21 notice
There are two main types of Section 21 notices: Form 6A and Form 6 serve section 21 notice. Form 6A is used for ASTs that started on or after October 1, 2015, while Form 6 is used for ASTs that started before that date The notice must be in writing and specify the date on which the tenant is required to vacate the property, which must be at least two months from the date the notice is served.
The notice can be served by post or in person, but it is recommended to use a method that provides proof of delivery, such as recorded delivery or hand delivery with a witness It is also advisable to keep a copy of the notice and proof of service for your records.
After serving the Section 21 notice, the landlord must wait until the notice period has expired before applying to the court for a possession order If the tenant does not vacate the property by the specified date, the landlord can apply to the court for a possession order, which will require the tenant to leave the property by a certain date.
What to do if the tenant does not vacate the property
If the tenant does not vacate the property by the specified date in the Section 21 notice, the landlord can apply to the court for a possession order This involves filling out a claim form and paying a fee to start the court proceedings The court will then issue a possession order, which will set out a date by which the tenant must leave the property.
If the tenant still does not vacate the property by the date specified in the possession order, the landlord can apply for a warrant of possession, which allows bailiffs to evict the tenant from the property It is important to follow the correct legal procedures when evicting a tenant to avoid any potential legal issues.
In conclusion, serving a Section 21 notice is a common way for landlords to regain possession of their property from a tenant By following the correct procedures and ensuring that all legal requirements are met, landlords can successfully evict a tenant using a Section 21 notice If you are unsure about how to serve a Section 21 notice or require further advice, it is recommended to seek the assistance of a legal professional.