As a landlord, it is crucial to understand the legal processes involved in renting out your property. One of the essential forms you need to be familiar with is the section 21 form. This form, also known as a Section 21 notice, is used to terminate an assured shorthold tenancy (AST) agreement in England.
The section 21 form provides landlords with a straightforward way to regain possession of their property at the end of a fixed-term tenancy agreement or during a periodic tenancy. However, there are specific rules and requirements that must be followed to ensure the notice is valid and legally sufficient.
When can a landlord use the section 21 form?
A landlord can serve a Section 21 notice to end a tenancy without providing a reason, unlike with a Section 8 notice where specific grounds for eviction must be cited. To serve a Section 21 notice, the following conditions must be met:
1. The tenancy agreement must be an assured shorthold tenancy (AST).
2. The landlord must provide the tenants with the necessary documents at the beginning of the tenancy, including the Government’s How to Rent guide and a valid Energy Performance Certificate (EPC).
3. The deposit must be protected in a government-approved tenancy deposit scheme, and the tenants must be provided with prescribed information about the scheme.
4. The minimum required notice period must be given. For a Section 21 notice, this is usually two months.
It is essential to ensure that all legal requirements are met before serving a Section 21 notice to avoid delays in regaining possession of your property.
How to complete and serve the Section 21 Form?
The Section 21 Form, also known as Form 6A, can be downloaded from the official government website or obtained from a stationery shop. When completing the form, landlords must provide details such as the address of the rental property, the names of the tenants, and the date on which the notice is served.
Once the form is completed, it must be served to the tenants in writing. This can be done in person, by post, or by email if the tenancy agreement allows for it. It is advisable to use a method that provides proof of service, such as recorded delivery or obtaining a certificate of posting.
After serving the Section 21 notice, landlords must wait until the notice period expires before taking any further action. If the tenants do not vacate the property voluntarily at the end of the notice period, landlords may need to apply to the court for a possession order.
Challenges and considerations for landlords using the Section 21 Form
While the Section 21 notice provides landlords with a straightforward way to regain possession of their property, there are some challenges and considerations to keep in mind:
1. Timing: Landlords must ensure that the notice period is correctly calculated and that the notice is served at the right time to avoid any delays in the possession process.
2. Tenancy deposit protection: If the deposit is not protected in a government-approved scheme or the prescribed information is not provided to the tenants, landlords may not be able to serve a valid Section 21 notice.
3. Retaliatory eviction: Landlords cannot serve a Section 21 notice within six months of receiving a complaint from the tenants about the condition of the property, as this could be deemed as retaliatory eviction.
4. Local licensing requirements: Some local authorities require landlords to hold a license to rent out properties in certain areas. Failure to comply with these requirements could affect the validity of a Section 21 notice.
In conclusion, the Section 21 Form is a valuable tool for landlords looking to regain possession of their property at the end of a tenancy. By understanding the legal requirements and following the correct procedures, landlords can use the notice effectively to end a tenancy agreement. It is essential to seek legal advice if you are unsure about the process or have any concerns about serving a Section 21 notice.