If you are a landlord looking to regain possession of your property from your tenants, serving a Section 21 notice may be the way to go A Section 21 notice, also known as an eviction notice, is a legal document used by landlords to end a fixed-term Assured Shorthold Tenancy (AST) and regain possession of their property Here’s everything you need to know about serving a Section 21 notice.
What is a Section 21 notice?
A Section 21 notice is a no-fault eviction notice used by landlords when they want to evict tenants at the end of their tenancy agreement This type of notice can only be served on assured shorthold tenancies, which are the most common form of tenancy agreements in the UK.
When can a landlord serve a Section 21 notice?
Landlords cannot serve a Section 21 notice within the first four months of the tenancy agreement After this initial period, landlords can serve a Section 21 notice at any time during the fixed term of the tenancy agreement, as long as the tenant has been given at least two months’ notice.
How to serve a Section 21 notice
In order to serve a valid Section 21 notice, landlords must follow certain procedures:
1 The notice must be in writing: A Section 21 notice must be in writing and clearly state the date on which the tenant is required to leave the property.
2 Give the tenant at least two months’ notice: Landlords must give their tenants at least two months’ notice before the date on which they are required to leave the property This notice period must end on the last day of the tenancy agreement.
3 serving s21 notice. Use the correct form: Landlords must use the correct form for serving a Section 21 notice The form used will depend on when the tenancy started and whether any deposits have been protected in a deposit protection scheme.
4 Provide the tenant with a valid Energy Performance Certificate (EPC) and a copy of the property’s Gas Safety Certificate: Landlords must provide their tenants with a valid EPC and a copy of the property’s Gas Safety Certificate before serving a Section 21 notice.
What to do if the tenant does not leave the property
If the tenant does not leave the property by the date specified in the Section 21 notice, landlords can apply to the court for a possession order The court will then schedule a hearing to determine whether the landlord has followed the correct procedures and whether the tenant should be evicted.
It is important for landlords to ensure that they follow the correct procedures when serving a Section 21 notice to avoid any delays in regaining possession of their property Failure to follow the correct procedures could result in the notice being deemed invalid and landlords having to start the process over again.
In conclusion, serving a Section 21 notice can be an effective way for landlords to regain possession of their property from tenants at the end of a fixed-term tenancy agreement By following the correct procedures and ensuring that all documentation is in order, landlords can successfully serve a Section 21 notice and regain possession of their property.