When evicting a tenant in England, landlords must carefully follow legal procedures to avoid complications. A Section 21 notice is commonly used to regain possession of a property without assigning fault to the tenant. However, mistakes during this process can lead to delays or even render the notice invalid. This guide highlights the essential steps and pitfalls to avoid when serving a Section 21 notice.

What is a Section 21 Notice?

A Section 21 notice is a formal document issued by landlords to tenants under the Housing Act 1988. This notice serves as a request for tenants to vacate the property by a specified date. It’s important to note that a Section 21 notice is not an eviction order but a prerequisite for starting eviction proceedings.

Why Use a Section 21 Notice?

• Regaining possession without assigning fault.

• Preparing for property sale or refurbishment.

• Ending a tenancy that has reached its fixed term or is periodic.

Common Mistakes When Serving a Section 21 Notice

1. Failing to Use the Correct Form

The law requires landlords to use the prescribed Form 6A for all Section 21 notices issued after October 1, 2015. Using an outdated or incorrect form can invalidate the notice.

How to Avoid:

• Always download the latest Form 6A from a reliable source before serving the notice.

2. Not Meeting Deposit Protection Requirements

If the tenant’s deposit is not placed in a government-approved scheme within 30 days of receipt, the Section 21 notice becomes invalid.

How to Avoid:

• Ensure compliance with the deposit protection scheme rules.

• Provide tenants with the Prescribed Information within the required timeframe.

3. Failing to Provide Required Documentation

Before serving a Section 21 notice, landlords must provide tenants with:

• An up-to-date Energy Performance Certificate (EPC).

• A valid Gas Safety Certificate.

• The government’s “How to Rent” guide.

How to Avoid:

• Maintain organized records of all documents issued to tenants.

• Confirm receipt of these documents in writing.

4. Serving the Notice Incorrectly

Improper delivery methods or errors in the notice itself can invalidate it. Mistakes may include misspelled names, incorrect dates, or serving the notice during a tenancy’s fixed term without meeting specific conditions.

How to Avoid:

• Double-check the notice for accuracy.

• Serve the notice via approved methods such as personal delivery or recorded mail.

Timing is Crucial

Fixed-Term Tenancies

A Section 21 notice can only be served during or after the fixed term if the correct procedures are followed.

Periodic Tenancies

For periodic tenancies, the notice period must align with the tenancy’s rental payment cycle.

Minimum Notice Period

Landlords must give tenants at least two months’ notice. Failure to meet this requirement will render the notice invalid.

How to Avoid Timing Errors:

• Plan in advance and calculate the notice period carefully.

• Factor in delays caused by weekends or public holidays.

Ensuring Validity of the Section 21 Notice

Legal Restrictions

Certain circumstances can prevent the valid serving of a Section 21 notice, such as:

• Retaliatory eviction claims.

• Ongoing tenant complaints about disrepair.

• Outstanding landlord licensing requirements.

How to Avoid Issues:

• Address tenant complaints promptly.

• Verify compliance with local authority licensing schemes.

Steps to Serve a Section 21 Notice

1. Review Documentation: Ensure the tenant has all required documents.

2. Complete the Form: Fill out Form 6A accurately.

3. Serve the Notice: Deliver the notice using approved methods.

4. Maintain Evidence: Keep proof of service, such as delivery receipts.

Seeking Professional Advice

Landlords unfamiliar with the legal requirements should consult with a solicitor or a property management expert. Professional advice can help avoid costly mistakes and ensure compliance with all regulations.

Conclusion

Evicting a tenant using a Section 21 notice requires careful attention to legal requirements. Avoiding common mistakes—such as failing to protect deposits, providing incomplete documentation, or serving the notice incorrectly—is essential for a smooth process. By adhering to best practices and seeking professional guidance when needed, landlords can minimize complications and successfully regain possession of their property.