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How to Serve a Section 21 Notice Correctly
As a landlord, you may find yourself in a situation where you need to regain possession of your property. In most cases, serving a Section 21 notice is the quickest and easiest way to do so. However, it is essential to serve the notice correctly to avoid any delays in obtaining possession of your property.
Here are the steps to follow when serving a Section 21 notice:
Step 1: Check the Tenancy Agreement
Before serving a Section 21 notice, it’s crucial to check the tenancy agreement to ensure that it’s a ‘fixed-term’ tenancy agreement. A fixed-term agreement means that the tenant has a set period of time where they are legally required to stay in the property. If the tenancy has already ended, or it’s a rolling contract, then you cannot use a Section 21 notice.
Step 2: Give the Correct Notice Period
The notice period required for a Section 21 notice can vary depending on the type of tenancy agreement and when it began. In most cases, the notice period is two months. However, if the tenancy agreement was renewed, it could be different.
Ensure that you provide the correct notice period to the tenant. If the tenant is on a periodic tenancy, then you will need to ensure that the notice period ends on the last day of a rental period, never in the middle.
Step 3: Issue the Section 21 Notice Correctly
The Section 21 notice should be served in writing to the tenant or tenants. You can either deliver it in person to the tenant, post the notice through the letterbox or send it via recorded delivery.
Ensure that the notice includes the date on which you are serving it, the date that possession of the property is required, the tenant’s name, and the property’s address.
Step 4: Keep a Record of the Section 21 Notice
Once you have served the Section 21 notice, it is crucial to keep a copy of it and have proof that the tenant received it. If you have posted the notice, keep the receipt of recorded delivery, and if you hand-delivered it, have a witness sign a document stating the date and time of receipt.
Step 5: Seek Legal Advice if Required
If you have any doubts or uncertainties about serving a Section 21 notice correctly, seek legal advice from a professional. You want to ensure that the notice is served, and possession of the property is recovered as quickly and efficiently as possible.
In conclusion, serving a Section 21 notice is a straightforward process, but it’s crucial to do it correctly. By following these steps and seeking legal advice if necessary, you can regain possession of your property with minimal delay.
