If you are a landlord looking to regain possession of your property in England or Wales, serving a Section 21 notice is a common and legally approved method. A Section 21 notice is a document that formally notifies the tenant that you wish to regain possession of the property at the end of a fixed-term tenancy or after a specified period. In this article, we will guide you through the process of serving a Section 21 notice effectively.
Understanding the Requirements
Before you can serve a Section 21 notice, there are certain requirements that need to be met:
1. Your tenancy agreement must be an assured shorthold tenancy (AST).
2. The deposit must be protected in a government-approved scheme.
3. The property should have an Energy Performance Certificate.
4. Gas Safety Certificate should be provided to the tenant.
If these requirements are not fulfilled, you may not be able to serve a Section 21 notice legally.
Check the Timing
It is essential to serve a Section 21 notice at the right time. If it is a periodic tenancy, you must give at least two months’ notice, and it must end no earlier than the end of the fixed term of the tenancy. You cannot use a Section 21 notice during the fixed term of the tenancy unless there is a break clause in the tenancy agreement.
Preparing the Section 21 Notice
To serve a Section 21 notice, you must use a Form 6A provided by the government. You can download this form from the government website or create your version as long as it includes the necessary information. The notice should clearly state the date the tenant is expected to leave the property, which must be at least two months from the date of service.
Serving the Section 21 Notice
Once the notice has been prepared, you can serve it to the tenant. There are various ways to serve a Section 21 notice:
1. In person: You can hand-deliver the notice to the tenant and ask them to sign to acknowledge receipt. It is advisable to have a witness present when serving the notice in person.
2. By post: You can send the notice by recorded delivery to ensure that it is received by the tenant. Keep the proof of postage in case there are any disputes in the future.
3. Email: If the tenancy agreement allows for service by email, you can send the notice electronically. Ensure that you have a read receipt so you can confirm that the tenant has received the notice.
Proof of Service
It is crucial to keep a record of how the Section 21 notice was served. This could include a witness statement if served in person, proof of postage if sent by mail, or a read receipt if delivered by email. Having accurate records will protect you should the tenant dispute the service of the notice.
Seek Legal Advice
If you are unsure about any aspect of serving a Section 21 notice or if you encounter any issues with the process, it is recommended to seek legal advice. A solicitor or a housing expert can guide you through the steps and provide you with the necessary support to ensure that the notice is served correctly.
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