As a landlord, there may come a time when you need to regain possession of your property from your tenants. This could be due to various reasons such as wanting to sell the property, move into it yourself, or simply end the tenancy agreement. In such cases, serving a section 21 notice is often the first step in the process of evicting tenants.
What is a Section 21 notice?
A Section 21 notice is a legal document that landlords can use to evict assured shorthold tenants at the end of their fixed-term tenancy agreement or during a periodic tenancy (a rolling tenancy with no fixed end date). It is often referred to as a “no-fault” eviction notice because the landlord does not need to give a reason for wanting possession of the property. However, there are certain legal requirements that must be met in order for the Section 21 notice to be valid.
When can a landlord serve a Section 21 notice?
A landlord can serve a Section 21 notice at any point during the tenancy, provided that the necessary legal requirements have been met. For fixed-term tenancies, the notice cannot expire before the end of the fixed term, and for periodic tenancies, the notice must give the tenant at least two months’ notice.
It is important to note that landlords cannot serve a Section 21 notice within the first four months of the tenancy. Additionally, if the landlord has not fulfilled their legal obligations such as protecting the tenant’s deposit in a government-approved scheme, they will not be able to serve a valid Section 21 notice.
How to serve a Section 21 notice
In order to serve a valid Section 21 notice, landlords must follow certain steps. These include:
1. Ensure that the property is licensed (if required) and that all necessary safety certificates are up to date.
2. Provide the tenant with a copy of the “How to Rent” guide issued by the government.
3. Protect the tenant’s deposit in a government-approved scheme and provide the tenant with details of where it is held.
4. Serve the Section 21 notice in writing, using a prescribed form (Form 6A in England), stating the date by which the tenant is required to vacate the property.
5. Keep a record of how and when the notice was served, as this may be needed as evidence in court if the tenant does not leave voluntarily.
What happens after serving a section 21 notice?
If the tenant does not vacate the property by the date specified in the Section 21 notice, the landlord may apply to the court for a possession order. This involves going through the court process and obtaining a court order for the tenant to leave the property. If the tenant still does not leave, the landlord may need to seek the help of bailiffs to physically remove the tenant from the property.
It is worth noting that landlords cannot forcibly evict tenants without a court order, as this is illegal and could result in severe penalties.
In conclusion, serving a section 21 notice is a necessary step for landlords who wish to regain possession of their property. It is important to follow the correct procedures and ensure that all legal requirements are met in order to serve a valid notice. If in doubt, landlords should seek advice from a legal professional to ensure that they are acting within the law.