If you’re a landlord in the UK and you need to regain possession of your property, you may consider serving a Section 21 notice to your tenant. A Section 21 notice is a legal notice used by landlords to terminate an Assured Shorthold Tenancy (AST) agreement without giving any reason. Here’s a guide on how to get a section 21 notice.
Understand the Requirements
Before you can serve a Section 21 notice, you need to ensure that you have met all the legal requirements. These requirements include protecting the tenant’s deposit in a government-approved scheme, providing the tenant with a copy of the How to Rent guide, ensuring that the property meets the minimum standards for rental properties, and providing the tenant with a valid gas safety certificate. Failure to comply with these requirements can invalidate your Section 21 notice.
Check the Type of Tenancy
You can only serve a Section 21 notice to tenants with an Assured Shorthold Tenancy (AST) agreement. If your tenant is on a different type of tenancy, such as a contractual or assured tenancy, you will not be able to use a Section 21 notice to terminate the tenancy. Make sure you have the correct tenancy agreement in place before proceeding with a Section 21 notice.
Serve the Correct Form
To serve a Section 21 notice, you need to use the correct form. In England, you need to use Form 6A, while in Wales, you need to use Form 6. These forms can be downloaded from the government’s website or obtained from a legal stationery shop. Make sure you fill out the form correctly and provide the tenant with a copy of the notice.
Give the Tenant Proper Notice
You must give your tenant proper notice before serving a Section 21 notice. The notice period required depends on the terms of the tenancy agreement. In most cases, you will need to give the tenant at least two months’ notice before the end of the fixed term of the tenancy. If the tenancy has become a periodic tenancy, you will need to give at least two months’ notice from the date you serve the notice.
Serve the Notice Correctly
When serving a Section 21 notice, you can do so by hand, by post, or by email if the tenancy agreement allows for it. If you serve the notice by hand, make sure you have a witness present to confirm that the notice was served. If you serve the notice by post, use recorded delivery to ensure that you have proof of postage. If you serve the notice by email, request a read receipt to confirm that the tenant has received the notice.
Keep Records
Once you have served the Section 21 notice, make sure you keep a record of the notice and how it was served. Keep a copy of the notice, along with any proof of postage or witness statements, in case you need to prove that the notice was served correctly. Keeping accurate records can help protect you in case the tenant disputes the validity of the notice.
Seek Legal Advice if Needed
If you are unsure about how to serve a Section 21 notice or if you encounter any difficulties with the process, it’s best to seek legal advice. A solicitor specializing in landlord and tenant law can help you navigate the requirements and ensure that you serve the notice correctly. Legal advice can also be useful if the tenant contests the notice or if you need to take further legal action to regain possession of your property.
In conclusion, serving a Section 21 notice is a legal process that requires landlords to follow specific steps and requirements. By understanding the requirements, checking the type of tenancy, serving the correct form, giving proper notice, serving the notice correctly, keeping records, and seeking legal advice if needed, landlords can successfully serve a Section 21 notice and regain possession of their property.