How do I serve a Section 21 notice?

Serving a Section 21 notice is an important part of the eviction process for landlords in England and Wales. This legal notice is typically used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy, or during a periodic tenancy. But how do you serve a Section 21 notice, and what is the Section 21 process?

In this guide, we’ll walk you through the key steps in serving a Section 21 notice, discuss the rules surrounding it, discuss how to write a Section 21 notice and provide insights into how landlords can effectively manage this process.

What is a Section 21 notice?

A Section 21 notice is a legal document issued by a landlord under Section 21 of the Housing Act 1988. This notice is commonly referred to as a ‘no-fault eviction,’ as it allows landlords to regain possession of their property without needing to provide a specific reason for ending the tenancy.

However, landlords must ensure they meet certain conditions before serving a Section 21 notice. Failing to comply with these requirements could invalidate the notice, leading to potential delays or complications in the eviction process.

How to serve a Section 21 notice

To properly serve a Section 21 notice, landlords must follow several steps to ensure they are complying with the law. These include prerequisite actions, serving the notice correctly, and ensuring it contains the correct information.

Here’s how to proceed:

Step 1: Ensure pre-conditions are met

Before you issue a Section 21 notice, you must ensure the following pre-conditions are in place:

• Gas safety certificate: Landlords are legally required to provide a gas safety certificate to tenants at the beginning of the tenancy and then annually thereafter. Failure to provide this certificate could render your Section 21 notice invalid.
• Energy performance certificate: An EPC must be provided to your tenant at the beginning of the tenancy. This certificate rates the energy efficiency of the property and is a legal requirement.
• How to Rent Guide: You must provide tenants with the latest version of the Government’s ‘How to Rent’ guide at the start of their tenancy. If you fail to provide this, the Section 21 notice could be deemed invalid.
• Deposit protection: If you’ve taken a deposit from the tenant, you must ensure it’s protected in a government approved tenancy deposit scheme and that you’ve provided the tenant with details of where their deposit is protected.
• Tenancy agreement: The tenancy must be an assured shorthold tenancy for a Section 21 notice to apply.

If any of these conditions are missing or not fulfilled, you will not be able to serve a valid Section 21 notice until they are addressed.

Step 2: How to write a Section 21 notice

Once you’ve ensured all necessary preconditions are in place, the next step is to write the notice. How to write a Section 21 notice is simple, but it must be done correctly to avoid invalidating the notice. Here’s what needs to be included:

• The date of the notice
• The tenant’s name and the address of the property
• The date by which the tenant is required to leave the property, which must be at least two months from the date the notice is issued
• A statement that the notice is being served under Section 21 of the Housing Act 1988.

The notice should be clear and unambiguous, and it’s a good idea to keep a copy for your records. If you’re unsure about drafting the notice, templates are available online, or you may wish to seek legal advice.

Step 3: Serve the notice

Once your Section 21 notice is prepared, it must be served to the tenant correctly. There are three main ways to serve the notice:

• Hand delivery: You can deliver the notice to the tenant in person. Be sure to get written confirmation that the tenant has received the notice (a signed copy is ideal). 
• Post: If hand delivery is not possible, you can send the notice by post. It’s best to use a signed-for service (e.g. recorded delivery) to confirm receipt. 
• Email: if you and the tenant have agreed to receive communications by email, you may serve the notice this way. However, it’s usually safer to use post or hand delivery to ensure there is proof of receipt.

Step 4: Wait for the required two-month period

After serving the notice, you must wait for at least two months before taking further action. The tenant is required to vacate the property by the end of this period. If they don’t leave voluntarily, you’ll need to take further steps to regain possession of the property.

If the tenant doesn’t vacate, you can apply for a possession order through the court. The process to obtain this order can be done through the court system, though it’s advisable to seek legal assistance to ensure all paperwork is in order.

Section 21 process for repossession

The Section 21 process for repossession involves issuing the notice, waiting for the two-month period to pass, and then applying to the courts for a possession order if necessary. If the tenant has not left after the notice period, you can initiate the possession claim through the court.

It’s important to be aware that this process can sometimes take several weeks or even months, especially if the tenant defends the action or requests a delay.

If you’re unfamiliar with the process or need guidance, it’s advisable to consult legal advice to ensure your notice and the overall process is handled correctly. You can find out more about the eviction process in our detailed guide on how to serve an eviction notice.

Can I serve a Section 21 notice during a fixed-term tenancy?

Yes, a Section 21 notice can be served during the fixed-term of a tenancy, but it must be done correctly. The notice must give the tenant at least two months to vacate, and the tenant’s tenancy must be due to end or converted to a periodic tenancy.

It’s important to note that if the tenant remains in the property after the fixed term ends, they automatically become a periodic tenant. You may need to serve another Section 21 notice if the tenancy transitions to a periodic tenancy.

What if the Section 21 notice is invalid?

If a Section 21 notice is invalid – either due to missing legal requirements or errors in the document – you will need to reissue the notice. Depending on the circumstances, this can delay the process and may require you restart the two-month waiting period.

To ensure your notice is valid, double-check all legal requirements are met. If in doubt, consider seeking legal advice.

Serving a Section 21 notice is a straightforward but essential part of the eviction process for landlords. By following the steps outlined above, including ensuring compliance with all legal requirements, you can avoid delays and ensure that you are regaining possession of your property lawfully.

Always ensure that the Section 21 notice is drafted and served correctly. If necessary, consult with a legal professional to ensure your notice is valid and your rights are protected.

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