If you are a landlord and you have a tenant who is not paying rent, causing damage to your property, or violating the terms of the tenancy agreement, you may need to serve them a Section 21 notice to regain possession of your property A Section 21 notice is a legal notice that a landlord can serve to a tenant to end an assured shorthold tenancy (AST) agreement Here is everything you need to know about how to get a Section 21 notice:
1 Understand the requirements:
Before you can serve a Section 21 notice to your tenant, there are certain requirements that you must meet Firstly, the tenancy must be an assured shorthold tenancy (AST) This means that the tenancy started after 28th February 1997, the tenant does not share any living space with you as the landlord, and the tenant pays rent on a regular basis.
Additionally, you must have protected the tenant’s deposit in a government-approved tenancy deposit protection scheme If you fail to protect the deposit, you will not be able to serve a Section 21 notice.
2 Give your tenant the correct notice period:
When serving a Section 21 notice, you must give your tenant the correct notice period The notice period required depends on the terms of the tenancy agreement and the type of tenancy that is in place For ASTs, the notice period is usually two months.
It is important to check the terms of the tenancy agreement to ensure that you are giving the correct notice period Failure to give the correct notice period could result in your Section 21 notice being deemed invalid by the court.
3 Use the correct form:
To serve a Section 21 notice, you must use the correct form how to get section 21 notice. There are two types of Section 21 notices: Form 6A for properties in England and Form 6B for properties in Wales Make sure that you use the appropriate form for the location of your property.
When completing the form, ensure that all the required information is included, such as the address of the property, the names of the landlord and tenant, and the date that the notice is being served Failure to provide this information could result in your Section 21 notice being invalidated.
4 Serve the notice correctly:
Once you have completed the Section 21 notice form, you must serve it to your tenant correctly There are three ways in which you can serve a Section 21 notice:
– In person: You can hand deliver the notice to your tenant in person Make sure to get proof of delivery, such as a signed receipt, to confirm that the notice has been received.
– By post: You can send the notice to your tenant by recorded delivery or first-class post Make sure to keep a copy of the postage receipt as evidence that the notice was sent.
– By email: If the tenancy agreement allows for notices to be served by email, you can send the Section 21 notice to your tenant’s email address Make sure to request a read receipt to confirm that the email has been opened.
5 Seek legal advice if necessary:
If you are unsure about how to serve a Section 21 notice or if you encounter any issues with your tenant, it is advisable to seek legal advice A solicitor who specializes in landlord and tenant law will be able to guide you through the process and ensure that you are following the correct procedures.
In conclusion, serving a Section 21 notice is a legal process that must be followed correctly to regain possession of your property By understanding the requirements, giving the correct notice period, using the correct form, serving the notice correctly, and seeking legal advice if necessary, you can successfully serve a Section 21 notice to your tenant.