Serving a Section 21 Notice can be a challenge for any landlord who handles all the formalities associated with letting a property. Notices are problematic because they rely on technicalities that must be closely respected to avoid possession proceedings issues. Still, any landlord can serve a Section 21 Notice to his tenant, provided that he or she knows the conditions that must be meet and the rules that must be followed.
1. Understand What A Section 21 Notice Is
A Section 21 Notice is the form you must to serve whenever you wish your tenant to vacate the property. It comes in two types: section 21 (a), which is used when the tenancy is periodic, and section 21 (b), which is used when the tenancy is for a fixed term. It’s important to note that a Section 21 Notice is ineffectual when it is sent while the fixed term contract is still valid.
2. Serve It In Advance
A Section 21 Notice has to be sent two month in advance to the moment you expect your tenant to vacate the property. This means that the tenant always has a leeway of two months from the moment he or she receives the notice. So for example, if the contract is about to expire but the notice has not yet been sent, then the tenant may be able to continue to occupy the property for two more months even if the tenancy ended in the meantime.
3. Find Out Ways In Which You Can Serve It
It’s often preferable that you serve the Section 21 Notice in person. This eliminates the risk for a delay or other mishap that may cause the notice to fail to reach the recipient. Having a witness when handing the notice is ideal.
It can also be served at the property, through the letter box or mail. The former is a good solution whenever time is pressing. The latter comes with a delay of up to three days and additional risks, i.e. the notice may become lost.
Alternatively, you can serve a Section 21 Notice through fax or e-mail. These however, are the least reliable methods because it’s often impossible say for certain whether they have been indeed read. Fax and e-mail should especially not be used when your relation with the tenant is strained.
4. Take Precautions
It’s essential to take precautions when serving a Section 21 Notice, if you wish to avoid delays and other inconveniences.
• Make a copy of the notice you serve and keep it as proof, just in case your tenant will not willingly co-operate.
• When sending the notice through mail, send two letters from two different post offices. Though it rarely happens, one letter may become lost.
• Sign the notice yourself. There is usually no problem if one of your agents signs the notice on your behalf, but it’s safer if you do it yourself. Your tenant may not recognize the agent or simply refuse to do so.
• When there is more than one tenant, i.e. a couple, serve each of them with a notice.
