How do I serve a Section 21 notice?
Serving a Section 21 Notice to End a Tenancy
Form Completion and Delivery
Landlords need to complete Form 6a for Section 21 notices. This form should be carefully filled out and served to the tenant.
Legal Definition of 'Serving'
Serving a notice means legally delivering it to the tenant. This process has different rules regarding when the notice is considered officially received, known as the 'deemed date of service'.
If the tenancy agreement permits, sending the notice via email is an option. This method is considered immediate if sent before 4.30pm on a working day. Ensure the tenant's consent for this form of communication is documented in the tenancy agreement.
Sending the notice via first-class mail is another option. The notice is deemed served two days after posting, assuming these are working days. Keep evidence of the posting, like a photograph of the envelope with address and postage.
Physically handing the notice to the tenant at the property is a viable method. If delivered before 4.30pm on a working day, it is deemed served on that day. Evidence of this delivery should be retained.
Leaving at the Property
This involves leaving the notice at the property, such as through the letterbox. Similar time considerations apply as with personal delivery, and evidence should be documented.
This method is less recommended due to uncertainties, such as undelivered notices. If the tenant accepts the notice, it is deemed served on that day.
Using a Process Server
Hiring a professional service for serving legal notices can ensure accuracy and provide proof of service, beneficial for potential court proceedings.
Selecting a Witness
Choose an impartial witness for the service of notice. While anyone can be a witness, avoiding those closely related to the tenancy or landlord is preferable for impartiality.
By following these steps and ensuring all legal requirements are met, landlords can effectively serve a Section 21 notice, laying the groundwork for a lawful and structured eviction process if necessary.