During our latest live Support Session with our members, we spoke about the process of serving a Section 21 notice, and the importance of getting the details right.

We've pulled together some of the guidance shared during our call and listed it all below for anyone currently going through the process with their tenants and looking for some advice.
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Although we can't offer tailored legal advice, we hope it helps you understand the basics of a Section 21.

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What is a Section 21 notice?

A Section 21 notice is a type of notice that a landlord can serve on a tenant in England and Wales to end an Assured Short-hold Tenancy (AST) at the end of the fixed term or during a periodic tenancy. The landlord must provide the tenant with a minimum of two months' notice in writing.

Why might you need to serve a Section 21?

There are various reasons why, as a landlord, you may need to serve a section 21 notice. Some of the most common scenarios include:

1. The landlord wants to sell the property – If you want to sell your property, you may need to serve a section 21 notice to end the tenancy and gain back possession of the property.

2. The landlord needs to carry out major renovations – If you need to carry out major renovations on your property, that would require the tenant to move out during the process, you may serve a section 21 notice to gain possession of the property.

3. The tenant has breached the tenancy agreement – If the tenant has breached the terms of the tenancy agreement, you may serve a section 21 notice to end the tenancy.

4. The landlord wants to end the tenancy for other reasons – You may decide to end a tenancy for various reasons, such as wanting to use the property for your own purposes or wanting to rent the property to a new tenant.

When can't you serve a Section 21?

It's worth noting that a landlord cannot serve a section 21 notice during the fixed term of an AST unless there is a break clause in the tenancy agreement that allows them to do so.

Additionally, you cannot serve a section 21 notice if the tenant has reported a repair issue to yourself (the landlord), local council, or to other regulatory bodies, and you have failed to respond or failed to carry out the repair in a timely manner (as the tenant may use this as defense against the notice).

Other reasons you may not be able to serve a Section 21 include:

• The tenant has a statutory periodic tenancy – If the fixed-term tenancy agreement has ended and the tenancy has rolled over into a statutory periodic tenancy, you can serve a section 21 notice at any time, as long as the tenant has been given at least 2 months' notice.
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• The tenant has made a complaint about the landlord's conduct – If the tenant has made a complaint about your conduct, such as harassment or illegal eviction, you cannot serve a section 21 notice for 6 months after the complaint was made.

• The landlord has not met their legal obligations – If you have not met your legal obligations, such as protecting the tenant's deposit in a government-approved scheme or providing the tenant with a copy of the government's "How to Rent" guide, you cannot serve a section 21 notice until these obligations have been met.

It's really important for all landlords to be aware of these restrictions, and seek legal advice if you are unsure about your ability to serve a section 21 notice.

How to serve a Section 21.

Here are some general guidelines for serving a section 21 notice.

1. Check if you have the right to serve a section 21 notice: Before serving a section 21 notice, you need to make sure that you have the legal right to do so. This means that your tenant's deposit should be protected in a government-approved scheme, your tenant should have been provided with a copy of the government's "How to Rent" guide, and your tenant's immigration status should be checked (if they moved in on or after 1 February 2016.)

2. Use the correct form: You need to use the correct form to serve a section 21 notice, which is Form 6A found on the government's website.

3. Provide the correct information: You need to provide your tenant with the correct information in the section 21 notice, including the date by which they need to leave the property, which should be at least 2 months from the date the notice is served.

4. Serve the notice correctly: You can serve the section 21 notice by post or in person. If you serve it by post, you need to make sure that you use a method that allows you to prove that the notice was delivered, such as recorded delivery.

5. Keep a copy of the notice: You should keep a copy of the section 21 notice for your records
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6. Use a timestamp app. This can help to prove that the notice was served within the required timeframe, which can be important if you need to prove that you have followed the correct procedures for evicting a tenant. By providing a clear and unambiguous record of when the notice was served, a timestamp app can help to avoid disputes and potential legal challenges to the validity of the Section 21 notice. (Some good examples of these Apps are: DocuSign, HelloSign, Adobe Sign, and SignEasy)

What should be included in a serve pack?

Under the Housing Act 1988, a Section 21 notice cannot be served until the tenant has been given certain documents..

Whilst the exact contents of the Section 21 serve pack can depend on the specific circumstances of the tenancy, it should include the following documents:

• A copy of the current tenancy agreement
• A copy of the government's "How to Rent" guide
• An up-to-date gas safety certificate (if there is a gas supply to the property)
• An energy performance certificate (EPC)
• An electrical installation condition report (EICR) (if the property has electrical installations)
• A deposit protection certificate (if the tenant paid a deposit)

It's important to note that failing to provide the correct documents or follow the correct procedures can render a Section 21 notice invalid.

Why the details are important.

Serving a section 21 notice is a legal process that needs to be done correctly in order to be valid. If you make mistakes in the notice, it may not be valid and you may not be able to evict your tenant.

If you do not have the legal right to serve a section 21 notice, you may not be able to evict your tenant at all. So it's very important to follow the correct procedures and seek legal advice if you are unsure about any aspect of serving a section 21 notice.

Will there be changes to how Section 21 notices are served in 2023?

We're not entirely sure if, or when, changes might be made to the evictions process, but it's always a good idea to stay up-to-date with any changes in legislation and regulations related to the private rental sector in the UK.

In recent years, there have been several changes to the rules and procedures surrounding serving a section 21 notice, including changes to the requirements for deposit protection, the introduction of new rules for checking tenants' immigration status, and changes to the notice periods required for section 21 notices.

Therefore, it's possible that further changes may be made in the future that could affect the process of serving a section 21 notice. It's important for landlords to stay informed and seek legal advice if they are unsure.

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* Please note that The Hive Members Club is not a legal expert and although we can provide guidance and support, we cannot provide you with legal advice. Seek legal advice from a qualified professional before serving a section 21 notice.

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