If you’re a landlord in the UK looking to regain possession of your property, serving a section 21 notice may be the way to go. This notice is a legal document that allows landlords to evict tenants without providing a reason, provided certain conditions are met. Here, we’ll delve into the details of serving a section 21 notice and what you need to know to navigate the process successfully.
What is a Section 21 notice?
A Section 21 notice, also known as a “no-fault eviction,” is a legal notice served by a landlord to regain possession of their property. Unlike a Section 8 notice, which requires a specific reason for eviction, a Section 21 notice allows landlords to evict tenants without providing a reason. However, landlords must follow specific procedures to serve a valid Section 21 notice.
When can a Section 21 notice be served?
Landlords can serve a Section 21 notice to evict assured shorthold tenants once the fixed term of the tenancy has ended or during a periodic tenancy. The fixed term is typically six or twelve months, after which the tenancy automatically becomes a periodic tenancy. Landlords can serve a Section 21 notice at any time during a periodic tenancy, provided they give the required notice period.
Requirements for serving a valid Section 21 notice
To serve a valid Section 21 notice, landlords must meet certain requirements:
1. The tenancy deposit must be protected in a government-approved scheme and the prescribed information provided to the tenant within 30 days of receipt.
2. The property must have a valid Energy Performance Certificate (EPC) and a gas safety certificate if applicable.
3. The tenant must have received the government’s How to Rent guide at the start of the tenancy.
4. The notice must be in writing, specify the date on which possession is required (which must be at least two months after the notice is served), and comply with the prescribed form.
How to serve a Section 21 notice correctly
To serve a Section 21 notice correctly, landlords must follow these steps:
1. Serve the notice in writing: The notice must be served in writing and comply with the prescribed form under the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.
2. Provide the required notice period: Landlords must give tenants at least two months’ notice before seeking possession. If the fixed term of the tenancy is due to expire, the notice period must end on or after the last day of the fixed term.
3. Use the correct wording: The Section 21 notice must include specific wording to comply with the law and clearly state the date on which possession is required.
4. Keep proof of service: Landlords should keep proof of serving the notice, such as a signed acknowledgment of receipt or a certificate of posting.
What to do if a Section 21 notice is contested
If a tenant contests a Section 21 notice, landlords cannot simply evict them and must apply to the court for a possession order. The court will consider the validity of the notice and whether the landlord has met all legal requirements before granting possession. If the court finds in favor of the landlord, they will issue a possession order, giving the tenant a specified period to vacate the property.
In conclusion, serving a section 21 notice is a useful tool for landlords looking to evict tenants without providing a reason. By understanding the requirements and following the correct procedures, landlords can navigate the process successfully and regain possession of their property legally and efficiently.