How to Serve a Section 21 Notice to Tenants

Summary: Section 21 notices remain a key tool for landlords in England to regain possession of their properties without needing to provide a reason, although the government plans to abolish them under the Renters’ Rights Act. This guide outlines the legal requirements and correct procedures landlords must follow to serve a valid Section 21 notice, helping to avoid delays or invalidation.

Understanding the Section 21 Notice

A Section 21 notice is a formal eviction notice (Form 6A) used by landlords to end an assured shorthold tenancy (AST) in England. It allows landlords to regain possession of their property once the fixed term has ended or in accordance with a break clause, without needing to prove tenant fault. Landlords must provide tenants with at least two months’ notice.

If tenants do not vacate by the specified date, landlords can apply for accelerated possession proceedings, a streamlined court process to regain possession.

Although the government intends to abolish Section 21 notices under the forthcoming Renters’ Rights Act, they remain valid for tenancies created on or after 1 October 2015. It is essential for landlords to comply strictly with legal requirements to ensure the notice is valid.

When Is a Section 21 Notice Invalid?

Landlords must use Form 6A to serve a Section 21 notice. Several conditions must be met for the notice to be valid under the Housing Act 1988:

• Minimum tenancy duration: The tenancy must have lasted at least four months before serving the notice.
• Notice timing: The notice must end the tenancy after the fixed term or in line with a break clause.
• “How to Rent” guide: The tenant must have been provided with the latest version of this government guide at the start of the tenancy.
• Deposit protection: If a deposit was taken, it must be protected in a government-approved scheme within 30 days, and prescribed information must have been given to the tenant.
• Gas safety certificate: A valid gas safety certificate must have been provided if the property has gas appliances.
• Energy Performance Certificate (EPC): A valid EPC must have been supplied to the tenant at the start of the tenancy.
• Licensing compliance: All relevant local and national licensing requirements must be met, including Houses in Multiple Occupation (HMO) or selective licensing.
• Local authority notices: No improvement or emergency remedial notices should have been issued in the past six months.
• Tenant Fees Act compliance: No unlawful fees should have been charged, or any prohibited fees must have been refunded.

Failure to meet any of these conditions can invalidate the Section 21 notice, requiring landlords to start the process again.

Validity Period of a Section 21 Notice

Once served, a Section 21 notice remains valid for six months. If possession proceedings are not initiated within this period, landlords must serve a new notice.

How to Serve a Section 21 Notice Correctly

Proper service of the notice is crucial. Landlords can serve the notice via several methods, each with specific rules regarding timing and proof of delivery:

1. Email

Notice sent by email is considered received on the same working day if sent before 4:30 pm; otherwise, it is deemed received the next working day. The tenancy agreement must explicitly allow service by email.

2. First-Class Post

When posting, landlords should obtain proof of posting and consider photographing the handover at the post office. The notice is deemed served on the second working day after posting. If this falls on a weekend or bank holiday, service is considered on the next working day.

3. In-Person Delivery

Delivering the notice directly to the tenant or placing it in an addressed envelope at the property is valid. If delivered before 4:30 pm on a working day, it is deemed served that day; otherwise, the next working day. Evidence such as timestamped photos or a tenant’s signature is advisable.

4. Leaving at the Property

Similar to in-person delivery, leaving the notice at the property (e.g., through the letterbox) is valid with the same timing rules and evidence requirements.

5. Recorded Delivery

Recorded delivery is possible but less recommended due to potential complications if the notice is returned undelivered.

6. Process Server

Employing a professional process server ensures proper delivery and provides proof for court if necessary.

Free Section 21 Notice Template and Tool

To simplify the process, landlords can use free online tools to generate a legally compliant Section 21 notice. These tools typically include checklists to confirm all legal requirements are met and can email the notice directly to tenants.

What If Tenants Do Not Leave?

If tenants remain after the two-month notice period, landlords must begin possession proceedings at the county court within four months of the notice expiry. If the court grants possession, a date for possession is set, usually two weeks later.

If tenants still refuse to leave, landlords must obtain a warrant for possession (Form N325) to authorise eviction by county court bailiffs or high court enforcement officers. This is the lawful method to regain possession.

Conclusion

Serving a Section 21 notice correctly is essential for landlords seeking to regain possession without dispute. Understanding the legal requirements and following proper service procedures will help avoid delays and invalid notices. With the government’s plans to abolish Section 21, landlords should stay informed about upcoming changes and consider alternative possession routes.

For further guidance on tenancy management and legal compliance, landlords may find useful resources on Landlord Association.