One of the most common ways for a landlord to regain possession of their property in England is by serving a section 21 notice. This notice is used when the landlord wants to end an assured shorthold tenancy agreement and evict the tenant. However, serving a section 21 notice is not as simple as it may seem. There are strict rules and procedures that must be followed to ensure that the notice is valid and legally enforceable.
What is a section 21 notice?
A section 21 notice is a legal notice served by a landlord to a tenant in order to regain possession of a property. It is often referred to as a “no-fault” eviction notice because the landlord does not need to provide a reason for ending the tenancy. As long as the correct procedures are followed, the landlord is entitled to possession of the property once the notice period has expired.
When can a section 21 notice be served?
A section 21 notice can be served at any time during the tenancy, as long as it is at least six months after the start of the tenancy. If the tenancy is a periodic tenancy (i.e. rolling monthly or weekly), the notice period will be at least two months. The notice period must end on the last day of the tenancy period, and the tenant must be given at least two months’ notice before they are required to vacate the property.
How to serve a section 21 notice
There are several steps that a landlord must follow to serve a section 21 notice correctly:
1. Check that the tenancy is an assured shorthold tenancy and that all the necessary documents have been provided to the tenant at the start of the tenancy, including an Energy Performance Certificate, a gas safety certificate, and the government’s “How to Rent” guide.
2. Wait until the tenancy has been ongoing for at least four months before serving the notice. If the fixed term of the tenancy is less than six months, the notice can still be served, as long as it expires after the end of the fixed term.
3. Complete a section 21 notice form, which can be downloaded from the government’s website. The notice must include the full name and address of the tenant, the address of the property, the date the notice is served, and the date on which the tenant is required to vacate the property.
4. Serve the notice to the tenant by hand, post, or email. If serving by post, it is recommended to send the notice via recorded delivery to ensure that it has been received. If serving by email, request a read receipt to confirm that the notice has been opened.
5. Keep a copy of the notice and proof of service for your records. This may be required if the tenant disputes the validity of the notice or if the case goes to court.
What happens after serving a section 21 notice?
Once the section 21 notice has been served, the tenant must vacate the property by the date specified in the notice. If they fail to do so, the landlord can apply to the court for a possession order. If the correct procedures have been followed and the notice is valid, the court is likely to grant the possession order.
It is important to note that a section 21 notice cannot be used to evict a tenant if the landlord has not fulfilled their obligations under the tenancy agreement, such as carrying out repairs or providing a safe living environment. If the tenant believes that the notice is invalid, they can seek legal advice and challenge it in court.
In conclusion, serving a section 21 notice is a necessary step for landlords who wish to regain possession of their property from a tenant. By following the correct procedures and ensuring that all the necessary documents are in place, landlords can successfully evict tenants and regain control of their property.