As a landlord, it’s essential to be familiar with the various legal procedures and notices that govern the relationship between landlords and tenants. One such important notice is the section 21 notice, commonly used by landlords to regain possession of a property from a tenant. In this article, we will delve deeper into what a section 21 notice entails, when it can be used, and how to serve it correctly.
What is a section 21 notice?
A Section 21 notice, also known as a “no-fault eviction notice,” is a legal notice served by a landlord to a tenant to regain possession of a property at the end of an assured shorthold tenancy (AST) without providing any specific reason for termination. In other words, the landlord can use a Section 21 notice to evict a tenant without having to prove any fault on the tenant’s part.
When can a landlord serve a Section 21 notice?
A landlord can serve a Section 21 notice to a tenant once the fixed term of an AST has ended or during a periodic tenancy. It’s important to note that certain conditions must be met before a landlord can serve a valid Section 21 notice. These conditions include:
1. The tenancy agreement must be an assured shorthold tenancy (AST).
2. The deposit must be protected in a government-approved tenancy deposit scheme and the prescribed information provided to the tenant.
3. The landlord must provide the tenant with a copy of the Energy Performance Certificate (EPC) and a valid Gas Safety Certificate.
4. The tenant must receive the required “how to rent” guide provided by the government.
How to serve a Section 21 notice correctly.
To serve a Section 21 notice correctly and ensure it is valid, landlords must follow the prescribed legal procedure. Here are the key steps landlords need to take when serving a Section 21 notice:
1. Provide the tenant with a written notice: The Section 21 notice must be in writing and clearly state the date by which the tenant is required to vacate the property. The notice must give the tenant at least two months’ notice, and it cannot expire before the end of the fixed term of the tenancy.
2. Use the correct form: Landlords must use the correct form for serving a Section 21 notice, which is Form 6A for properties in England and Form AT6 for properties in Scotland. The form must be completed accurately and served on the tenant in compliance with the relevant rules.
3. Ensure compliance with all legal requirements: Landlords must ensure that they have complied with all legal requirements before serving a Section 21 notice. This includes protecting the deposit, providing relevant documentation to the tenant, and following the correct procedures.
4. Keep records of service: Landlords should keep records of how and when the Section 21 notice was served on the tenant. This can include sending the notice via recorded delivery or hand-delivering it with a witness present.
What to do if the tenant doesn’t leave after receiving a Section 21 notice.
If a tenant does not vacate the property after receiving a valid Section 21 notice, landlords may need to apply to the court for a possession order to evict the tenant. There are two types of possession orders that landlords can apply for:
1. Accelerated possession order: This is a faster and more straightforward process for obtaining possession of the property without a court hearing. Landlords can apply for an accelerated possession order if they have served a valid Section 21 notice, and the tenancy has ended.
2. Standard possession order: If the tenant does not leave after receiving a Section 21 notice, landlords can apply for a standard possession order through the court. This process may involve a court hearing where both parties can present their case.
In conclusion, understanding the Section 21 notice and how to serve it correctly is crucial for landlords who wish to regain possession of their property. By following the prescribed legal procedures and ensuring compliance with all requirements, landlords can navigate the eviction process smoothly and effectively. Remember, serving a Section 21 notice is a serious matter that should be approached with caution and in accordance with the law.