As a landlord, there may come a time when you need to evict a tenant for various reasons. Serving a Section 21 notice is one of the most common ways to do this in the UK, but it is essential to understand the process thoroughly to ensure that you are compliant with the law. In this article, we will explore what serving a section 21 notice entails and how to do it correctly.
What is a Section 21 notice?
A Section 21 notice, also known as a Section 21 eviction notice, is a legal document that landlords in England use to evict tenants without providing a specific reason. It is the most common method of eviction used by landlords who want to regain possession of their property.
When can you serve a Section 21 notice?
In order to serve a Section 21 notice, certain conditions must be met:
1. The tenants must have an assured shorthold tenancy (AST) agreement.
2. The tenancy deposit must be protected in a government-approved scheme.
3. The landlord must provide the tenants with a copy of the property’s Energy Performance Certificate (EPC), a current gas safety certificate, and a copy of the government’s “How to Rent” guide.
4. The tenants must have been given at least two months’ notice in writing before the Section 21 notice is served.
How to serve a Section 21 notice?
There are two types of Section 21 notices: Form 6A and Form 6. Form 6A is used for tenancies that started after 1 October 2015, while Form 6 is used for tenancies that started before this date.
To serve a Section 21 notice, you must follow these steps:
1. Fill out the correct form (Form 6A or Form 6) with all the necessary information, including the address of the property, the names of the tenants, and the date the notice will take effect.
2. Serve the notice to the tenants by hand, post, or email. It is advisable to use recorded delivery or email read receipts to prove that the notice has been received.
3. Keep a copy of the notice and proof of service for your records.
It is important to note that you cannot serve a Section 21 notice within the first four months of the tenancy. Additionally, the notice must give the tenants at least two months to vacate the property. If the tenants do not leave by the end of the notice period, you will need to apply to the court for a possession order.
What happens after the Section 21 notice expires?
If the tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order. There are two types of possession orders you can apply for:
1. Accelerated possession order: This is a quicker and simpler process for evicting tenants under a Section 21 notice. It is available to landlords who do not need to claim rent arrears.
2. Standard possession order: This is a more formal court process that allows landlords to claim rent arrears as well as possession of the property.
It is crucial to follow the correct procedure when applying for a possession order to avoid delays in the eviction process. If the court grants the possession order, the tenants will be given a specified period to leave the property voluntarily. If they do not leave by the deadline, you can apply for a warrant of possession to have them evicted by bailiffs.
In conclusion, serving a section 21 notice is a legal process that landlords can use to evict tenants without providing a specific reason. It is essential to follow the correct steps and meet all the necessary conditions to ensure that the eviction is lawful. By understanding the ins and outs of serving a section 21 notice, landlords can navigate the eviction process successfully and regain possession of their property.