When it comes to renting out a property, landlords must follow specific legal procedures to regain possession of their property. One of the most common methods used in England to evict a tenant is by serving a section 21 notice. This notice is often referred to as a “no-fault eviction” as the landlord does not need to provide a reason for wanting their property back. In this article, we will discuss the process of serving a section 21 notice and the important steps that landlords need to follow.
What is a Section 21 Notice?
A Section 21 notice is a legal document that a landlord can serve to regain possession of their property from assured shorthold tenants. This notice allows landlords to end a tenancy without having to prove that the tenant has breached the terms of the tenancy agreement. However, certain conditions must be met before a landlord can legally serve a Section 21 notice.
Requirements for Serving a Section 21 Notice
Before serving a section 21 notice, landlords must ensure that they have met all the legal requirements. These requirements include:
1. Providing the tenant with a copy of the EPC, gas safety certificate, and the government’s “How to Rent” guide.
2. Protecting the tenant’s deposit in a government-approved scheme.
3. Ensuring that the property is licensed (if required) by the local authority.
If the landlord fails to meet any of these requirements, they may not be able to serve a valid Section 21 notice. Therefore, it is crucial for landlords to ensure that they have fulfilled all the necessary obligations before proceeding with the eviction process.
The Process of Serving a Section 21 Notice
Once the landlord has met all the legal requirements, they can proceed with serving a Section 21 notice. The first step in the process is to provide the tenant with a written notice stating that the landlord wishes to regain possession of the property. The notice must give the tenant at least two months’ notice before the date on which the landlord wants the tenant to vacate the property.
It is important to note that a Section 21 notice cannot be served within the first four months of the tenancy. If the fixed-term of the tenancy has ended, the landlord can serve the notice at any time. However, if the tenancy is still within the fixed-term period, the notice must expire after the fixed-term has ended.
In addition to giving the tenant a written notice, the landlord must also ensure that the notice is served correctly. The notice can be served in person, by post, or by email if the tenancy agreement allows for it. It is advisable for landlords to use a method that provides proof of delivery, such as recorded delivery or email read receipts, to ensure that the notice has been received by the tenant.
What Happens After Serving a Section 21 Notice?
Once the Section 21 notice has been served, the tenant has two options. They can either vacate the property by the date specified in the notice or wait for the landlord to start court proceedings to evict them. If the tenant does not vacate the property voluntarily, the landlord must apply to the court for a possession order.
It is essential for landlords to follow the correct legal procedures when applying for a possession order to ensure that the eviction process runs smoothly. If the court grants the possession order, the tenant will be given a specified amount of time to leave the property. If the tenant still refuses to leave, the landlord can apply for a warrant of possession, which authorizes bailiffs to evict the tenant.
In conclusion, serving a Section 21 notice is a legal process that landlords can use to regain possession of their property from assured shorthold tenants. By following the correct procedures and meeting all the legal requirements, landlords can successfully evict tenants without having to provide a reason. It is essential for landlords to seek legal advice if they are unsure about the process to ensure that they comply with the law and avoid any potential issues.