If you're a landlord looking to regain possession of your property or address a tenancy issue, it's important to serve notice correctly. Mistakes in the process can lead to delays or legal complications. In this guide, we’ll break down everything you need to know - from the different types of notices to the key steps you must follow to stay compliant with UK law.
What does ‘serving notice’ mean?
‘Serving notice’ is the process of a landlord sending a notice (physical or digital) to a tenant informing them of an intention to end their tenancy. Notices are also used to require tenants to comply with specific terms of their tenancy. This process is legally required. It ensures tenants receive proper warning before eviction proceedings or other actions are pursued. Notices must follow strict legal guidelines to be valid, including clear documentation, specific timelines, and correct methods of delivery.
Different types of notices explained
In the UK, landlords must use specific notices to regain possession of a property or address tenancy issues. The most common notices are Section 21 and Section 8, which apply to different situations and have unique legal requirements.
Section 21 notice (no-fault eviction)
A Section 21 notice allows landlords to regain possession of a property without having to provide a reason for the eviction. It is often referred to as a "no-fault eviction" notice. This type of notice can only be served if:
The tenancy is an assured shorthold tenancy (AST).
The fixed term of the tenancy has ended, or it is a periodic tenancy.
Key rules for serving a Section 21 notice:
Notice period: Landlords must provide at least two months' notice.
Prescribed documents: Before serving the notice, landlords must have provided tenants with an Energy Performance Certificate (EPC), the How to Rent guide and a Gas Safety Certificate (if applicable).
Form 6A: In England, landlords must use this specific form for Section 21 notices.
Section 8 notice (fault-based eviction)
A Section 8 notice is used when a tenant has breached the terms of the tenancy agreement. The notice specifies the legal grounds for eviction, as listed in Schedule 2 of the Housing Act 1988. Common grounds include:
Ground 8: Serious rent arrears (two months or more).
Ground 12: Breach of a term of the tenancy agreement.
Ground 14: Anti-social behaviour.
Key points for Section 8 notices:
Notice period: The amount of notice depends on the ground being used. For example, Ground 8 requires two weeks' notice, while anti-social behaviour (Ground 14) can allow immediate action.
Court hearing: A Section 8 notice requires a court hearing, where the landlord must prove the tenant has breached the agreement.
Section 8 notices can be served during both fixed-term and periodic tenancies, unlike Section 21 notices, which are typically reserved for the end of a tenancy.
Different methods to serve a notice
Serving a notice correctly is essential to avoid delays or having the notice declared invalid. Here are the recognised methods of delivering a notice to a tenant:
Hand delivery
Handing the notice directly to the tenant is a reliable method that provides immediate delivery. Landlords can deliver the notice personally at the rental property or another known location where the tenant can be found.
Proof of delivery: The landlord or an independent witness should record the time, date, and location where the notice was delivered.
Witness confirmation: Using a witness is advisable to verify that the tenant received the notice.
Posting through the letterbox
Another common method is placing the notice through the letterbox of the rental property.
Proof of delivery: A photo or signed note confirming the notice was delivered can act as evidence. It’s best to have a witness present for added security.
First-class post
Sending the notice via first-class post is legally acceptable. However, it’s important to retain proof of postage from the post office. Courts generally assume delivery takes place two working days after posting.
Proof of postage: Keep the receipt as evidence that the notice was sent.
Recorded delivery
Recorded delivery provides a tracking number and confirmation of delivery. However, tenants may refuse to sign for the letter, which can complicate matters.
Alternative proof: Even if a tenant doesn’t sign for the letter, the attempt to serve notice may still be valid if other steps were followed.
Electronic service
Notices can sometimes be served electronically, such as via email or online platforms, but this is only valid if explicitly stated in the tenancy agreement. Without this provision, electronic service is not recommended.
Proper service of notice is critical, as errors in delivery methods or proof of service can invalidate the notice and cause delays.
How to serve a notice legally and correctly
To serve a notice legally, follow these steps:
Use the correct notice form: Make sure you are using the right type of notice for your situation. For example, use Form 6A for Section 21 notices in England.
Complete the form accurately: Fill in all required information, including the tenant’s name, property address, and notice period.
Follow the correct notice period: Ensure you give the tenant the required amount of notice, which can vary depending on the notice type and circumstances.
Choose a valid delivery method: Deliver the notice by hand, post, or other approved methods. Proof of service is important, so always keep records.
Will the Renter’s Rights Bill change things?
💡Editor’s insight: “Look out for the Renter’s Rights Bill, expected to take effect soon, it will send shockwaves through the landlord community. Significant changes to the rental market are coming this year, including the abolition of Section 21 no-fault evictions. Once this bill becomes law, landlords will have to follow different processes to regain possession of their properties, focusing more on legitimate tenant breaches under grounds-based notices. Staying informed about these changes will help landlords avoid potential non-compliance.”
FAQs
How do I officially serve a notice?
To officially serve a notice, use the correct form, provide the appropriate notice period, and deliver it by hand, post, or another valid method. Always keep proof of service, such as a receipt from the post office.
Can I serve notice during a fixed term tenancy?
Yes, but only under certain conditions. A Section 8 notice can be used if the tenant breaches the tenancy agreement, while a Section 21 notice typically requires waiting until the fixed term ends unless there is a break clause.
Who can be a witness for serving a notice?
Anyone over the age of 18 can act as a witness, provided they are independent and not personally involved in the tenancy dispute. Witnesses can verify that the notice was delivered.
What happens if the tenant doesn’t leave the property?
If a tenant does not leave after the notice period expires, the landlord must apply to the court for a possession order. Forcing a tenant out without a court order is illegal and considered harassment or an unlawful eviction.
Final thoughts
Serving notice to tenants requires careful attention to legal procedures. By understanding the correct notice type, delivery methods, and upcoming changes like the Renter’s Reform Bill, landlords can protect their rights while ensuring fair treatment for tenants. Proper service of notice is the first step toward resolving tenancy issues effectively and lawfully.
References
Understanding the possession action process from Gov.uk
Renters (Reform) Bill from UK Parliament
