A Section 21 Notice is a legal document that can be served to a tenant granting the landlord the right to possession of the property and must be on Form 6a. The notice must be issued in accordance with certain requirements, so it’s essential that you understand and comply with them if you want to successfully evict your tenant.
A Section 21 (6a) Notice to evict gives a landlord the right to reclaim their property after the end of an assured shorthold tenancy agreement (AST). The notice must follow a specific format and abide by certain regulations in order for it to be valid in court. A landlord must provide their tenant with two months’ written notice before they can begin legal proceedings, so accuracy of the document is essential. This guarantee helps ensure that tenants are treated fairly and that they have sufficient time to find alternative accommodation.
The reason I am writing about the Section 21 (6a) Notice is because it holds huge importance to both the landlord and the tenant should it not be served correctly, when it comes to granting the landlord the right to possession of their property.
In this post I will define what a Section 21 (6a) Notice is, why it is important, the consequences of not using it, and how it should be used.
Having a good grasp of the legal requirements for serving and issuing your tenant with a Section 21 Notice can provide peace of mind that you are doing everything correctly. This guide sets out all the essential information you need to know.
Why is a Section 21 (6a) Notice Important?
A Section 21 Notice is a landlord’s way of ending an assured shorthold tenancy without providing a reason for possession. With this notice, a landlord can give proper notice to their tenant that they are terminating the tenancy and seeking possession of the property. If the Section 21 Notice is served validly, then a court must make an order granting possession of the property to the landlord.
Many landlords make common mistakes as highlighted below and serve an invalid notice which means they cannot regain possession of their property.
A section 21 notice might be invalid if the landlord:
- did not serve the notice correctly
- did not follow the tenancy deposit rules
- failed to provide an energy performance certificate (EPC) or gas safety certificate
- failed to provide the How to Rent guide
- does not have a licence for the property where required, or has not applied for a licence
- took a banned fee by charging a prohibited payment or retaining a holding deposit
- served the notice after a complaint about the property (retaliatory eviction)
Tips and Reminders for Serving a Section 21 (6a) Notice
How to draft a Section 21 (6a) Notice – A properly drafted Section 21 Notice is essential for it to be valid under the law. A Section 21 Notice must be given in writing to your tenant directly or by first class mail. The letter should contain information about the tenancy such as the tenant’s name, address, tenancy start date and end date, and any other relevant details. When giving a Section 21 notice, it is important that you include language that informs the tenant of the two-month minimum notice period they are giving in terminating the tenancy. It is also helpful to include a statement in the letter indicating that under no circumstances can the landlord use their right to possession until the correct usage of a Section 21 Notice has been completed.
Documents required to serve the notice – To serve a valid Section 21 notice, you should make sure you have the following documents before contacting your tenant: a copy of your tenancy agreement, any applicable deposit certificate and/or prescribed information (where applicable), proof that the tenant has received their tenancy deposit protection (where applicable), and proof of service of notices. Arranging to serve these documents correctly is crucial for ensuring that your Section 21 Notice of eviction is legally valid.
The documents listed above should all be presented to your tenant upon the start of their tenancy. Depending on where you live, there may be additional documents required when serving a Section 21 Notice. In England, however, these are the standard requirements for serving a valid Section 21 Notice. Failing to obtain and present the necessary documents before serving a Section 21 Notice will make your notice invalid in the eyes of the law.
When can I serve a Section 21 (6a) Notice? – A Section 21 Notice can only be served after the fixed term period of your tenancy has expired or if it is a periodic tenancy agreement. The notice must also give the tenant at least two months’ notice and it should not expire before the end of any fixed term of the tenancy agreement. It may also not be served any sooner than the first four months of the tenancy. Additionally, landlords must ensure they have complied with their obligations under Section 11 and 12 of the Housing Act 1988, as failure to do so may void the notice.
Furthermore, landlords should be aware that the Section 21 Notice must not have been served during any period of time where their tenant has complained about disrepair to the property and the landlord has failed to resolve this in a timely manner. To ensure you are able to serve your tenant with a valid Section 21 Notice, it is important that you comply with all relevant regulations and keep abreast of any changes made by either central or local government.
Who can serve a Section 21 (6a) notice? – A Section 21 Notice can only be served by a landlord or someone acting on behalf of the landlord who has been given authority to do so. If your property is managed by an agent, they must have written permission from the landlord in order to serve the Section 21 Notice. The notice must include the name, address and contact details of both the landlord and the agent if applicable.
The Section 21 Notice should be served in writing on the tenant, either by hand delivery, registered post/recorded delivery, or electronically. If a notice is sent electronically to confirm receipt of the notice, it is advised that the landlord requests a return of a signed email or SMS confirmation from the tenant, so there is proof it has been received. The landlord should also take photographic evidence when serving notices. Once served, the tenant must be given two months’ notice to vacate the premises depending on how long they have lived in the property.
There are many web pages you can access a printable Section 21 Notice template if you search the internet.
This Section 21 Template comes courtesy of the government website.
This article does not constitute legal advice. We would always advise seeking legal advice should you be unsure of the correct procedures relating to this topic.
