As a landlord, there may come a time when you need to evict a tenant from your property. One common way to do this is by serving a Section 21 notice. A Section 21 notice is a legal document that gives tenants a minimum of two months’ notice to leave the property. It is important to follow the correct procedures when serving a Section 21 notice to ensure that it is valid and enforceable. In this article, we will provide a step-by-step guide on how to serve a section 21 notice.
Step 1: Check if you can serve a Section 21 notice
Before serving a Section 21 notice, you need to make sure that you have the legal right to do so. You can serve a Section 21 notice if:
– The tenancy agreement is an assured shorthold tenancy
– You have protected the tenant’s deposit in a government-approved scheme
– The tenant has been given the relevant documents, such as an Energy Performance Certificate and a gas safety certificate
– The tenant has been in the property for at least six months
If you meet these criteria, you can proceed with serving a Section 21 notice.
Step 2: Draft the Section 21 notice
The Section 21 notice must be in writing and include certain information, such as the property address, the date the tenant is required to leave, and details on how to seek advice. You can use a template provided by the government to create the notice or seek legal advice to ensure that it complies with the law.
Step 3: Serve the Section 21 notice
There are three main ways to serve a Section 21 notice:
– By hand: You can personally deliver the notice to the tenant or leave it with someone at the property, such as a family member or housemate.
– By post: You can send the notice by recorded delivery to ensure that it has been received.
– By email: If the tenancy agreement allows for email communication, you can serve the notice by email. Make sure to request a read receipt to confirm that the email has been opened.
Step 4: Keep evidence of service
It is crucial to keep evidence of how the Section 21 notice was served in case the tenant disputes it later. This could include a signed receipt if served by hand, a record of the delivery if sent by post, or a read receipt if served by email.
Step 5: Wait for the notice period to expire
Once the Section 21 notice has been served, the tenant has a minimum of two months to vacate the property. If the tenant does not leave by the specified date, you can apply to the court for a possession order.
Step 6: Apply for a possession order
If the tenant fails to leave the property after the notice period has expired, you can apply to the court for a possession order. You will need to provide evidence that the Section 21 notice was served correctly and that the notice period has elapsed. The court will then schedule a hearing to decide whether to grant the possession order.
Step 7: Enforce the possession order
If the court grants the possession order, the tenant will be legally required to leave the property by a certain date. If the tenant refuses to leave, you can apply for a warrant of possession, which allows bailiffs to physically remove the tenant from the property.
In conclusion, serving a Section 21 notice can be a complex process that requires careful attention to detail. By following the steps outlined in this guide and seeking legal advice if necessary, you can ensure that the notice is valid and enforceable. Remember to keep evidence of how the notice was served and comply with all legal requirements to avoid any delays in regaining possession of your property.