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.