How to serve a Section 21 notice
And why you should take legal advice
Although the government intends to abolish Section 21 evictions, landlords are still currently allowed to serve a section 21 notice.
Despite it being a common tool for landlords to use, mistakes often happen. It is essential to follow the legal process meticulously. It is worth taking legal advice to ensure that you have complied with all the requirements and served the notice in the right way.
Steps to serving a Section 21 notice:
Eligibility and Requirements
A Section 21 notice can only be served if the tenancy is an assured shorthold tenancy (AST). The tenancy must have run for at least four months before you can issue the notice.
Before serving the notice, the tenant must have received an up-to-date Energy Performance Certificate (EPC) and gas safety certificate, if applicable. These must be valid at the start of the tenancy and at the time of the notice. The tenant must also have been given the government’s How to Rent guide. Additionally, landlords need to have protected the tenant’s deposit within 30 days of its receipt and the tenant provided with prescribed information about the scheme in which it is held. Failure to deal with these issues is one of the most common mistakes made by landlords and will render the Section 21 notice invalid.
Notice period
Landlords must provide a minimum of two months’ notice to the tenant. If the tenancy began after 1st October 2015, ensure that the Section 21 notice is on the correct prescribed form (Form 6A). Also, make sure the notice period ends after the tenancy’s fixed term unless a break clause is included.
Serving the notice
The Section 21 notice must be properly served in writing. It can be delivered personally, by post, or by email (if email service is allowed in the tenancy agreement). Ensure proof of service by obtaining delivery receipts. Failure to do so can lead to legal challenges.
Waiting period and court action
After the notice period expires, if the tenant has not vacated the property, you can apply for possession through the courts.
If any procedural errors have been made in serving the notice, the court may dismiss the claim. This will undoubtedly cause delay and additional costs.
Why you should seek legal advice
The legal landscape for landlords is increasingly complex. There are significant regulations governing how you serve a Section 21 notice. Errors in paperwork, failure to provide required documents, or serving the notice improperly can render the notice invalid.
Take legal advice to ensure all procedural requirements are followed and avoid costly mistakes and time delays. In the case of any subsequent disputes, having expert legal support can save significant time, money and stress.