What is a Section 21 Notice?
A Section 21 notice is a legal document that landlords in England and Wales can use to evict tenants from an assured shorthold tenancy (AST) without providing a reason. This notice is often referred to as a "no-fault" eviction because the landlord does not need to prove any wrongdoing by the tenant. It is a critical tool for landlords seeking to regain control of their property at the end of a fixed-term tenancy or during a periodic tenancy.
Grounds for Serving a Section 21 Notice
Unlike Section 8 notices, which require specific grounds such as rent arrears or breach of tenancy terms, a Section 21 notice does not require the landlord to provide a reason for eviction. This notice is often referred to as a "no-fault" eviction notice because it allows landlords to regain possession of their property at the end of a fixed-term tenancy or during a periodic tenancy without needing to establish tenant fault.
The key requirements are that the landlord provides the correct notice period, uses the prescribed Form 6A, and ensures compliance with deposit protection and other documentation requirements.
Legal Requirements
Serving a Section 21 notice requires strict adherence to legal guidelines to avoid invalidation, which can delay the eviction process. Here’s what you need to know:
1. Correct Form
For all tenancies that started or were renewed after 1 October 2015, you must use the prescribed Form 6A. This specific form is designed to meet current regulatory standards, ensuring that your notice is legally compliant. Using the correct form is critical as it contains all the necessary fields and instructions to avoid mistakes that could invalidate the notice..
2. Notice Period
Provide at least two months' notice to the tenant. The law mandates that landlords must provide at least two months' notice to the tenant. This period is designed to give tenants sufficient time to make alternative housing arrangements. It is crucial that this notice period is correctly calculated and clearly stated in the notice to ensure there is no ambiguity. The notice period must align with the tenancy terms, ending on the last day of the rental period if served during a periodic tenancy.
3. Deposit Protection
Government-Approved Scheme: The tenant's deposit must be protected in a government-approved tenancy deposit protection scheme. This step is mandatory and must be completed within 30 days of receiving the deposit. If the deposit is not protected, or the prescribed information about the protection scheme is not provided to the tenant, the Section 21 notice will be invalid. This protection ensures transparency and fairness in handling tenant deposits and includes schemes such as:
- The Deposit Protection Service (DPS)
- MyDeposits
- Tenancy Deposit Scheme (TDS)
4. Documentation
In accordance with the Deregulation Act of 2015, it is mandatory for landlords to ensure that the following essential documentation has been provided to tenants before serving the Section 21 Form 6A:
- Energy Performance Certificate (EPC)
- Tenancy Deposit Protection Certificate
- Prescribed Information
- Gas Safety Certificate
- 'How To Rent' Guide Booklet
Ensuring the delivery of these documents to tenants is imperative as it underpins the validity of the Section 21 notice. Once we are instructed and receive the necessary documentation, a thorough review is conducted to ensure compliance. If all requirements are met, the notice will be served promptly via First Class post, adhering to legal protocols.
How to Serve a Section 21 Notice
1. Prepare the Notice
Complete the Section 21 notice form (Form 6A). Ensure all details are accurately filled out, including the tenant's name, address, and the date the notice is served.
2. Deliver the Notice
Serve the notice to the tenant in a legally acceptable manner. This can be done by:
- Hand Delivery: Deliver the notice directly to the tenant.
- Post: Use first-class post or recorded delivery. Ensure you have proof of postage.
- Email: If the tenancy agreement allows for electronic communication, you can serve the notice via email. Make sure to request a read receipt.
3. Proof of Service
It is crucial to keep proof that the notice was served. This can be done through:
- Recorded Delivery Receipt: When using the post, keep the receipt from recorded delivery.
- Witness Statement: If hand-delivered, have a witness present who can confirm the delivery.
- Email Read Receipt: If served via email, ensure you have a read receipt confirmation.
Why Choose Our Section 21 Notice Service?
Expertise and Experience
Our team comprises seasoned professionals who possess in-depth knowledge of landlord-tenant laws. We ensure that every Section 21 notice served is legally compliant and meticulously accurate. This expertise helps in preventing common pitfalls that could invalidate a notice and delay the eviction process.
Legal Compliance
Navigating the legal landscape of tenant eviction can be complex. Our service guarantees that all legal requirements are met, including the proper use of Form 6A, adherence to notice periods, and the provision of necessary documentation like gas safety certificates and EPCs. This comprehensive legal compliance minimizes the risk of any invalid notices and subsequent delays.
Ongoing Support
We offer a full spectrum of services, from drafting and serving the Section 21 notice to representing you in court if necessary. Our end-to-end support ensures that every step of the eviction process is managed with precision and professionalism, providing you with peace of mind.
Efficiency
Time is of the essence in eviction proceedings. Our streamlined processes and dedicated team can significantly expedite the eviction timeline. By handling all the paperwork and procedural requirements efficiently, we reduce the stress and burden on landlords, allowing you to focus on other important matters.
Transparent Pricing
Our pricing model is clear and straightforward, with no hidden fees. We believe in providing excellent value for money, ensuring that you know exactly what you are paying for and what services you will receive. This transparency builds trust and ensures there are no unexpected costs.
Peace of Mind
- Professional Handling: With our expert team managing your Section 21 notice, you can be assured that every step is handled professionally and accurately. Our comprehensive understanding of landlord-tenant laws ensures all legal requirements are meticulously followed.
- Maximised Success: Our thorough approach maximises the chances of a favourable outcome. Whether achieving compliance from the tenant or securing a court order, our strategies are designed to ensure success.
- Stress Reduction: Entrusting your eviction process to our capable hands reduces the stress and uncertainty associated with legal proceedings. Our reliable service provides peace of mind, allowing you to focus on other important matters.
