If you are a landlord in the UK and you want to regain possession of your property from your tenants, serving a Section 21 notice is a common method used. A Section 21 notice is a legal document that gives your tenants at least two months’ notice to leave the property. However, it’s important to serve the notice correctly in order for it to be valid. Here is a step-by-step guide on how to serve a section 21 notice:
1. Know When You Can Serve a Section 21 Notice:
Before serving a Section 21 notice, you must ensure that you have met all the legal requirements. This includes providing your tenants with a copy of the “How to Rent” guide, protecting their deposit in a government-approved scheme, and obtaining an energy performance certificate (EPC) for the property. Additionally, you cannot serve a Section 21 notice within the first four months of the tenancy agreement.
2. Download the Correct Form:
To serve a Section 21 notice, you will need to fill out Form 6a, which is the official notice for possession under Section 21. You can download this form from the government’s website or obtain it from your local county court.
3. Complete the Form:
Once you have the Form 6a, you will need to fill it out with all the necessary information, including the address of the property, the names of the tenants, and the date you want them to leave. Make sure you double-check all the details before serving the notice.
4. Serve the Notice:
You can serve the Section 21 notice to your tenants either by post or in person. If you choose to serve the notice in person, make sure to have a witness present to confirm that the notice was delivered. Alternatively, you can send the notice by registered mail to ensure that it has been received.
5. Keep Records:
It is important to keep a record of how and when the Section 21 notice was served. This can include a copy of the notice itself, proof of postage if sending by mail, and any correspondence with the tenants regarding the notice. Keeping detailed records will help protect you in case of any disputes in the future.
6. Wait for the Notice Period to Expire:
After serving the Section 21 notice, you must wait for the two-month notice period to expire before taking any further action. During this time, your tenants have the opportunity to vacate the property voluntarily. If they fail to do so, you can proceed with legal action to regain possession.
7. Apply to the Court for a Possession Order:
If your tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order. This involves filling out a court form and paying a fee. The court will then schedule a hearing where both parties can present their case before a judge.
8. Obtain a Bailiff Warrant:
If your tenants still refuse to leave the property after the court has granted you a possession order, you can apply for a bailiff warrant. A bailiff will then be appointed to evict the tenants from the property, allowing you to regain possession legally.
In conclusion, serving a Section 21 notice is a necessary step for landlords who wish to regain possession of their property from tenants. By following the steps outlined in this guide and ensuring that you comply with all legal requirements, you can serve a Section 21 notice effectively. Remember to keep detailed records of the process and be prepared to take further legal action if necessary.