A Complete Guide On How To Serve Section 21 Notice

When it comes to renting out a property, landlords need to ensure that they follow the proper legal procedures in order to end a tenancy Serving a Section 21 notice is a common method used by landlords to regain possession of their property without having to prove fault on the part of the tenant However, there are specific rules and requirements that must be followed in order for a Section 21 notice to be valid In this article, we will discuss how to serve a Section 21 notice correctly.

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 their property This notice can only be used in an Assured Shorthold Tenancy (AST) agreement where the fixed-term has ended, or during a periodic tenancy where the tenant is on a rolling contract It is important to note that a Section 21 notice cannot be used if the tenant is in breach of their tenancy agreement, or if the landlord has not fulfilled their legal obligations such as providing a gas safety certificate or protecting the tenant’s deposit in a government-approved scheme.

How to serve a Section 21 notice

1 Give the correct notice period

Before serving a Section 21 notice, landlords must ensure that they have given the correct notice period to the tenant The notice period can vary depending on the type of tenancy agreement and when the notice is served For example, if the tenancy agreement is a periodic tenancy, the notice period must be at least two months However, if the fixed-term has ended and the tenancy has become periodic, the notice period must be at least two months as well.

2 Use the correct form

In order for a Section 21 notice to be valid, landlords must use the correct form prescribed by the government In England, landlords must use Form 6A, which can be downloaded from the gov.uk website The form must be completed accurately and served to the tenant either by hand or by post.

3 Provide the correct information

When serving a Section 21 notice, landlords must ensure that they provide the correct information to the tenant how to serve section 21 notice. This includes details such as the address of the property, the date on which possession is required, and the reason for serving the notice Landlords must also include a copy of the EPC (Energy Performance Certificate) for the property along with the Section 21 notice.

4 Serve the notice correctly

Once the Section 21 notice has been completed, landlords must serve it to the tenant in the correct manner This can be done either by hand or by post, but it is advisable to use recorded delivery to ensure that the notice has been received Landlords should also keep a copy of the notice and proof of service for their records.

5 Consider serving notice in person

While serving the Section 21 notice by post is an acceptable method, serving the notice in person can provide added assurance that the tenant has received the notice If serving the notice in person, landlords should have a witness present and should ask the tenant to sign a document confirming receipt of the notice.

By following these steps, landlords can ensure that they serve a Section 21 notice correctly and in compliance with legal requirements It is important for landlords to seek legal advice if they are unsure about the process or if they have any concerns about serving the notice Serving a Section 21 notice incorrectly can result in delays and additional costs, so it is essential to get it right the first time.

In conclusion, serving a Section 21 notice is a legal process that landlords must follow in order to regain possession of their property By giving the correct notice period, using the correct form, providing the correct information, and serving the notice correctly, landlords can ensure that the Section 21 notice is valid It is advisable for landlords to seek legal advice if they have any doubts or concerns about serving the notice Remember, serving a Section 21 notice incorrectly can lead to unnecessary delays and additional costs, so it is crucial to follow the correct procedure.