How to serve a Section 21 notice
- Each tenant must be named on the notice individually and in full as on the tenancy agreement.
- Complete whichever notice is appropriate.
- If there are multiple landlords, any one of them can serve notice.
- Photocopy the notice, once for each tenant and once for you.
Can a tenant ask for section 21?
You can only get a section 21 notice if you have an assured shorthold tenancy. If you’re not sure what type of tenancy you have, use Shelter’s tenancy checker to find out. If your landlord gives you a section 21 notice and you don’t have an assured shorthold tenancy, your notice won’t be valid.
Does a Section 21 notice have to be hand delivered?
If an assured tenancy agreement is used, the Section 21 Notice must be given to the tenant directly, or put through the door of the property, or mailed by first-class post. The tenants must sign and return a copy to the landlord who should always keep a copy of the notice served and of any covering letter.
Can I write my own Section 21 notice?
Giving Tenants the Section 21 Notice Otherwise, you can write your own Section 21 notice. If it’s a periodic tenancy, you must explain that you’re giving notice under Section 21 of the Housing Act 1988.
What documents do I need to serve a section 21?
Prescribed Legal Requirements Before Serving A Section 21 Notice
- Energy Performance Certificate (EPC) Any EPC should be obtained within 7 days of marketing and given to a ‘prospective’ tenant at the time of viewing under the EPC legislation.
- Gas Safety Record.
- Comment.
Who can issue a Section 21 notice?
The landlord is able to issue the tenant with a section 21 notice without giving any reason for ending the tenancy agreement. A landlord has the legal right to retain possession at the end of a tenancy but must follow the correct legal procedure, which includes serving a section 21 notice.
How long is a Section 21 notice valid for?
12 months
It will be valid for 12 months from the end date. When they expire, the landlord must serve a new section 21, before they go to court.
Has section 21 been abolished yet?
On 15 April 2019, the then-Government announced: “Private landlords will no longer be able to evict tenants from their homes at short notice and without good reason.” This was followed by a consultation process which ran between July and October 2019. The Government response is expected later in 2021.
Can I serve notice on a tenant without an EPC?
Yes. It is a legal requirement to have a valid EPC for a property when marketing for sales and/or lettings. Furthermore, if a landlord wants to back possession of a property let on an Assured Shorthold Tenancy it is legally necessary to have a valid EPC before serving notice on a tenant.
Can you serve a section 21 without a gas certificate?
there is no obligation for the landlord to provide the tenant with an EPC or gas safety certificate for the purposes of serving a Section 21 notice. However, a landlord may decide it prudent to provide these in any event before serving a Section 21 notice.
What is a section 21 notice?
What is a section 21 notice? A section 21 notice (also known as Form 6A) is a formal document served by the landlord, or the landlord’s agents, to a tenant in order to notify them of the landlord’s intention to repossess the property.
Can a landlord evict a tenant with a section 21 notice?
A landlord has the right to repossess their property at the end of the tenancy. Serving a valid section 21 notice is the first step in the eviction process. You must follow the correct procedure if you’re a landlord and want to lawfully evict your tenants and repossess your property let under an assured shorthold tenancy (AST).
Can I get a section 21 notice without an assured shorthold?
You can only get a section 21 notice if you have an assured shorthold tenancy. If you’re not sure what type of tenancy you have, use Shelter’s tenancy checker to find out. If your landlord gives you a section 21 notice and you don’t have an assured shorthold tenancy, your notice won’t be valid.
Can you write your own section 21 notice in Wales?
You can also write your own Section 21 notice. In Wales, you must explain in writing that you are serving an eviction notice under Section 21 of the Housing Act 1998. How much notice you need to give. A Section 21 notice must always give your tenants at least 2 months’ notice to leave your property.
