If you are a landlord and you wish to regain possession of your property, serving a Section 21 notice is an essential step in the process A Section 21 notice is a legal document that informs the tenant that you require possession of the property at the end of the fixed term or after the two months’ notice period has expired However, serving a Section 21 notice is not as simple as just handing over a letter to the tenant There are specific rules and procedures that must be followed to ensure that the notice is valid and enforceable In this article, we will provide you with a step-by-step guide on how to serve a Section 21 notice correctly.
Step 1: Ensure that the tenancy is an assured shorthold tenancy
Before serving a Section 21 notice, you must ensure that the tenancy agreement is an assured shorthold tenancy (AST) Section 21 notices can only be used for ASTs and are not applicable to other types of tenancies.
Step 2: Check that the deposit has been properly protected
If you have taken a deposit from the tenant, you must have protected it in a government-approved tenancy deposit protection scheme If you fail to protect the deposit, you will not be able to serve a Section 21 notice until it has been protected and the prescribed information has been provided to the tenant.
Step 3: Provide the tenant with a copy of the How to Rent guide
Before serving a Section 21 notice, you must provide the tenant with a copy of the How to Rent guide This guide contains essential information for tenants on their rights and responsibilities, as well as what to do if they have issues with their landlord or property.
Step 4: Prepare the Section 21 notice
The Section 21 notice must be in writing and include the following information:
– The full names of the landlord and tenant
– The address of the property
– The date the notice is served
– A statement that informs the tenant that possession of the property is required
– The date on which possession is required (which must be at least two months after the date the notice is served)
Step 5: Serve the Section 21 notice to the tenant
There are two ways in which you can serve a Section 21 notice to the tenant:
a Hand delivery: You can personally deliver the notice to the tenant or a person who is over the age of 18 at the property how do you serve a section 21 notice. Make sure to obtain proof of delivery, such as a signed receipt or witness statement.
b First-class post: You can also send the notice by first-class post to the tenant’s last known address It is important to retain proof of postage, such as a certificate of posting or a tracking number.
Step 6: Keep records of serving the Section 21 notice
It is crucial to keep records of how and when the Section 21 notice was served to the tenant This documentation may be required as evidence in court proceedings if the tenant fails to vacate the property after the notice period has expired.
Step 7: 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 The notice period is usually two months, but it may vary depending on the terms of the tenancy agreement.
Step 8: Apply to the court for a possession order
If the tenant fails to vacate the property after the notice period has expired, you may apply to the court for a possession order The court will then schedule a hearing where both parties can present their case, and the judge will decide whether to grant possession of the property to the landlord.
In conclusion, serving a Section 21 notice is an important step in recovering possession of your property as a landlord By following the step-by-step guide outlined in this article, you can ensure that the notice is served correctly and in compliance with the law Remember to keep accurate records of serving the notice and seek legal advice if you encounter any difficulties in the process.
By following these guidelines, you can serve a Section 21 notice effectively and regain possession of your property in a lawful manner.