If you are a landlord looking to regain possession of your property from tenants in England, issuing a Section 21 notice is one of the most common and effective ways to do so. A Section 21 notice is a legal document that informs tenants that you wish to take back possession of the property at the end of the tenancy agreement or after a specified date. However, it is crucial to follow the correct procedure when issuing a Section 21 notice to ensure that it is valid and enforceable. In this article, we will provide you with a step-by-step guide on how to issue a section 21 notice properly.
1. Check your eligibility
Before issuing a Section 21 notice, you must ensure that you are eligible to do so. To be able to issue a Section 21 notice, you must have protected your tenant’s deposit in a government-approved tenancy deposit protection scheme, provided your tenant with a copy of the property’s energy performance certificate, gas safety certificate, and the government’s “How to rent” guide.
2. Check the type of tenancy
You can only issue a Section 21 notice if your tenancy is an assured shorthold tenancy (AST). If your tenancy agreement is not an AST, you will need to use different procedures to regain possession of your property.
3. Check the notice period
The notice period on a Section 21 notice must be at least two months. However, it is important to check the tenancy agreement for any specific provisions regarding the notice period. If the tenancy agreement specifies a longer notice period, you must follow the terms of the agreement.
4. Serve the notice in writing
A Section 21 notice must be served in writing to the tenant. It is recommended to send the notice via recorded delivery or hand deliver it to ensure that the tenant receives it. The notice must include specific information such as the date the tenant is required to leave the property, the reason for issuing the notice, and details of how the deposit was protected.
5. Use the correct form
To issue a Section 21 notice, you must use the prescribed form Form 6A. This form can be downloaded from the government’s website and must be filled out accurately and completely. Any errors or omissions in the form could render the notice invalid.
6. Keep evidence of service
It is essential to keep evidence of how and when the Section 21 notice was served to the tenant. This could include proof of postage or a signed acknowledgment of receipt. Having evidence of service will be crucial if the tenant disputes receiving the notice.
7. Wait for the notice period to expire
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action. During this period, you cannot take any steps to evict the tenant or force them to leave the property.
8. Apply to the court if necessary
If the tenant does not vacate the property by the date specified in the Section 21 notice, you may need to apply to the court for a possession order. This process can be time-consuming and costly, so it is essential to ensure that you have followed all the correct procedures when issuing the Section 21 notice.
In conclusion, issuing a Section 21 notice is a crucial step in regaining possession of your property as a landlord. By following the correct procedure and ensuring that you have met all the necessary requirements, you can increase the likelihood of a successful outcome. Remember to check your eligibility, serve the notice in writing, use the correct form, and keep evidence of service. If you encounter any difficulties or the tenant refuses to leave, seeking legal advice may be necessary to navigate the eviction process successfully.
Issuing a Section 21 notice can be a complex and challenging process, but by following the steps outlined in this article, you can ensure that you are taking the correct steps to regain possession of your property.