For most landlords, serving a section 21 notice will be the most common way for them to start to end a tenancy. This route to possession is simpler than serving a section 8 notice as it does not require them to attend a court hearing, or give a reason why they wish to receive possession. Instead, as long as the landlord has given the correct length of notice, met all the requirements for service, and used the correct form then the courts will provide a possession order.
There are a number of legal requirements that must be followed for a valid notice to be served.
- If the tenancy was created after 1 October 2015 you have to use a special form entitled Form 6a: Notice seeking possession of a property let on an assured shorthold tenancy.
- You must give two months notice.
- You cannot issue a Section 21 in the first 4 months of the tenancy.
- For tenancies after October 1st 2015 a tenant must have been given a copy of:
a valid EPC and Gas Safety Certificate prior to the start of tenancy
a copy of How to rent: The checklist for renting in England at the start of the tenancy.
- You must have protected any deposit paid in a recognised scheme and issued the tenant with Prescribed Information.
- You cannot serve a notice if the Council have served an improvement notice on the property.
Once a notice has been served, it only remains valid for six months from the date of service.
For detailed advice and queries about serving notices, you may wish to visit a website such as the Residential Landlords Association.