What Is a Section 21 Notice?
Section 21 is a part of the Housing Act 1988 and is relevant to landlords and tenants renting in England under an assured shorthold tenancy (AST). Put simply, it's a way for landlords to reclaim their property after giving at least 2 months' notice.
With a Section 21 notice, landlords don't need to provide a specific reason for wanting their tenant(s) to leave. They just have to follow the proper legal procedures to issue the notice.
There are particular requirements for a landlord to fulfil in a Section 21 notice:
- Written Notice: The notice must be put in writing. It's the official way you let your tenant know you want your property back.
- Timing: You must give your tenant at least two months' notice to leave the property. The notice can’t be served during the fixed term of a tenancy unless a break clause is included.
If you’re a tenant and get one of these notices, it doesn't mean you must leave immediately. You still have some time to sort things out, whether that's finding a new place to live or discussing other options with your landlord.
It's also worth noting that while a Section 21 notice doesn't need a specific reason, it must follow certain conditions to be considered valid, like protecting a tenant’s deposit in a government-backed scheme. Keep an eye out for these details, as they can affect the notice's validity.
In recent years, there’s been a push to reform or even abolish this eviction process due to concerns about tenants' security and the potential for misuse by landlords.
When Is a Section 21 Notice Needed?
If you’re a landlord, you might consider a Section 21 notice if you need to regain possession of your property from tenants coming near the end of their tenancy. This notice is commonly used when the fixed term of an assured shorthold tenancy (AST) is about to expire, and the landlord wishes to end the tenancy without providing a reason.
It's also useful if you're dealing with a rolling periodic tenancy, where the agreement renews automatically, usually month by month. By serving a Section 21 notice, you can ensure that you reclaim your property when convenient, as long as the correct notice periods are followed.
Additionally, you may need a Section 21 notice if there are plans to refurbish or sell your property and you're not renewing the current tenancy. The notice gives your tenants a clear signal about the end of their lease, allowing you to smoothly transition to the next phase in your property's management.
If you're faced with any conflicts or issues but don't want to go through a lengthy eviction process, a Section 21 notice might be your preferred option for regaining possession peaceably. It typically involves less confrontation than a Section 8 notice, which is used for evictions due to tenant breaches.
Always remember: the timing of service and the accuracy of the notice are crucial. You must abide by the laws concerning notice periods and tenant rights to ensure the process is fair and legal.
How to Write a Section 21 Notice
Creating a Section 21 notice is a straightforward process if you follow the necessary steps carefully.
Step 1: Identify the Correct Form
You need to ensure you're using the Section 21 Form 6A. This form is essential for tenancies starting on or after 1 October 2015. Make sure your tenancy is in England, not Wales, as the form applies only in England.
Step 2: Gather Essential Information
Collect all relevant information about the tenancy. This includes the names of your tenant(s), the property address, and the tenancy start date. Ensuring these details are accurate helps make your notice valid.
Step 3: Fill Out the Form
On the Section 21 notice form, include the tenant’s full name and the address of the rental property. Ensure that the form’s date corresponds with the date you plan to serve it, as timing is critical.
Step 4: Specify the Required Notice Period
Determine the correct notice period. Typically, this is two months, but verify that there have been no changes to the legislation affecting this requirement.
Step 5: Serve the Notice
You must personally or through a registered postal service send the notice to the tenant. It’s crucial to have proof of service, such as a delivery receipt, in case it's contested.
Step 6: Keep Copies
Keep a copy of the completed notice and proof of delivery.
Having these documents organised is critical for any potential legal proceedings if the eviction process advances.
