When it comes to renting out a property, there may come a time when you need to serve a Section 21 notice, commonly referred to as an “s21 notice”. This notice is used by landlords in England and Wales to regain possession of their property from a tenant.
Serving an s21 notice is a legal process that must be followed correctly to ensure that it is valid and enforceable. In this article, we will provide you with a comprehensive guide on everything you need to know about serving s21 notice.
What is an s21 notice?
An s21 notice is a legal document served by a landlord to their tenant to notify them that the landlord wishes to regain possession of the property. This type of notice is used when a landlord wants to end a shorthold tenancy agreement. It is important to note that an s21 notice cannot be used to evict a tenant if there is a fixed-term tenancy agreement in place.
When can an s21 notice be served?
A landlord can serve an s21 notice at any time during a tenancy agreement, as long as the fixed term has come to an end. If the fixed term is still ongoing, the s21 notice cannot be served until after it has expired. It is also worth mentioning that the minimum notice period required for an s21 notice is two months.
How to serve an s21 notice?
In order to serve an s21 notice, there are a few key steps that landlords must follow:
1. Ensure that the property is properly licensed and compliant with all legal requirements.
2. Provide the tenant with a valid Gas Safety Certificate, an Energy Performance Certificate, and the government’s “How to Rent” guide.
3. Complete a Section 21 Notice Form, which can be downloaded from the government’s website.
4. Serve the notice to the tenant in writing, either by hand delivery or through the post. It is advisable to use recorded delivery to ensure that the tenant receives the notice.
5. Keep a record of when and how the notice was served, as this may be needed as evidence in case of a dispute.
What happens after serving an s21 notice?
Once the s21 notice has been served to the tenant, they must vacate the property by the date specified in the notice. If the tenant fails to leave the property by the specified date, the landlord can apply to the court for a possession order.
It is important for landlords to follow the correct legal procedures when applying for a possession order to avoid any delays or complications. If the court grants the possession order, the tenant will be given a specific date by which they must vacate the property.
Should the tenant still refuse to leave after the possession order has been issued, the landlord can apply for a warrant of possession, which allows bailiffs to physically remove the tenant from the property.
In conclusion, serving an s21 notice is an important process that landlords must follow correctly in order to regain possession of their property. By understanding the legal requirements and following the correct procedures, landlords can ensure that the process goes smoothly and efficiently.
If you are a landlord considering serving an s21 notice, it is advisable to seek legal advice to ensure that you are complying with all legal requirements and to avoid any potential issues or disputes down the line.