If you’re a landlord looking to regain possession of your property, serving a Section 21 notice is an essential step in the process A Section 21 notice is used to evict tenants under an assured shorthold tenancy agreement, without having to provide a reason for the eviction However, it must be served correctly in order to be valid In this article, we will discuss the steps involved in serving a Section 21 notice to ensure a smooth eviction process.

1 Check your eligibility

Before serving a Section 21 notice, it’s vital to ensure that you meet all the necessary requirements These include:

– The property must be an assured shorthold tenancy.
– The deposit must be protected in a government-approved scheme.
– All necessary documents, including a valid gas safety certificate and an energy performance certificate, must be provided to the tenant.

Failure to meet these requirements could render your Section 21 notice invalid, delaying the eviction process.

2 Provide the correct notice period

When serving a Section 21 notice, you must provide the tenant with a minimum of two months’ notice This notice period should align with the end of a fixed-term tenancy agreement or the end of a rental period, whichever is longer It’s important to specify the date on which the two-month notice period begins to avoid any confusion.

3 Use the correct form

In order to serve a Section 21 notice, you must use the correct form In England, this is Form 6A, which can be downloaded from the government’s website The form must be completed accurately and clearly, providing all the necessary information, including the property address, the names of the landlord and tenant, and the date on which the notice is served.

4 Serve the notice correctly

There are two ways to serve a Section 21 notice: in person or by post how do you serve a section 21 notice. If serving in person, you must ensure that the notice is handed directly to the tenant or a member of their household If there is no one available to accept the notice, you can post it through the letterbox or attach it to the door.

When serving the notice by post, it’s advisable to use a service that provides proof of delivery, such as recorded delivery or courier service This will provide you with evidence that the notice was received by the tenant, which may be required in the event of a dispute.

5 Keep a record of service

Once the Section 21 notice has been served, it’s essential to keep a record of the service This should include details of how and when the notice was served, as well as any evidence of delivery, such as a receipt or tracking number Keeping a detailed record will help to avoid any potential challenges to the validity of the notice.

6 Follow up with a possession order

If the tenant fails to vacate the property after the two-month notice period has expired, you may need to apply for a possession order from the court This will give you the legal right to evict the tenant and regain possession of your property It’s important to follow the correct legal procedures when applying for a possession order to ensure a smooth eviction process.

In conclusion, serving a Section 21 notice is an essential step in the eviction process for landlords By following the steps outlined in this article, you can ensure that the notice is served correctly and in compliance with the relevant regulations If you have any doubts or concerns about serving a Section 21 notice, it’s always advisable to seek legal advice to avoid any potential complications.