One of the fundamental aspects of being a landlord is the ability to evict tenants legally. While no landlord wants to be in a situation where they have to evict a tenant, there are times when it becomes necessary. Serving a Section 21 notice is one of the methods landlords can use to regain possession of their property.
What is a Section 21 notice, and when can it be used? A Section 21 notice is a legal document served by a landlord to a tenant to regain possession of the property at the end of a fixed-term tenancy agreement or during a periodic tenancy. It is commonly used when a landlord wants to evict a tenant without giving a specific reason, known as a ‘no-fault eviction.’
In order to serve a Section 21 notice, certain requirements must be met. These requirements include:
1. The property must be an assured shorthold tenancy (AST).
2. The fixed term of the tenancy must have ended, or the landlord must provide at least two months’ notice.
3. The landlord must give the tenant at least two months’ notice in writing.
It is important to note that serving a section 21 notice does not guarantee that the tenant will vacate the property voluntarily. If the tenant does not leave voluntarily, the landlord may need to apply to the court for a possession order. This can be a time-consuming and costly process, so it is important for landlords to ensure they have followed the correct procedure when serving a section 21 notice.
There are a few key steps landlords must follow when serving a section 21 notice:
1. Serve the notice in writing: The Section 21 notice must be served in writing to the tenant. The notice should clearly state the date on which the tenant is required to vacate the property. It is recommended to send the notice by recorded delivery or hand deliver it to ensure proof of service.
2. Give the correct notice period: Landlords must give tenants at least two months’ notice before the date on which they are required to vacate the property. The notice period must end on the last day of the tenancy period, and the tenant must be given a full two months’ notice. For example, if the rent is due on the 1st of each month, the notice period must end on the last day of the month.
3. Check the paperwork: Before serving a Section 21 notice, landlords must ensure that all the required paperwork is in order. This includes providing tenants with a copy of the gas safety certificate, the EPC (Energy Performance Certificate), and the government’s ‘How to Rent’ guide.
4. Keep records: It is important for landlords to keep records of all communications with tenants, including the serving of the Section 21 notice. This can help landlords prove that they have followed the correct procedure in the event of a dispute.
Overall, serving a Section 21 notice can be a complex and challenging process for landlords. It is important for landlords to seek legal advice if they are unsure about the process or if they encounter any difficulties with tenants. By following the correct procedure and ensuring that all requirements are met, landlords can increase the chances of successfully regaining possession of their property.