If you are a landlord in England and wish to regain possession of your property, issuing a Section 21 notice is often the first step in the eviction process A Section 21 notice is a legal document that informs the tenant that you wish to regain possession of the property at the end of the fixed term of the tenancy or after a certain notice period has elapsed
Here is a step-by-step guide on how to issue a Section 21 notice:
1 Check if you can issue a Section 21 notice
Before issuing a Section 21 notice, you must ensure that you have met all the legal requirements This includes ensuring that the tenancy is an assured shorthold tenancy (AST), the deposit has been protected in a government-approved scheme, and you have provided the tenant with certain information such as a gas safety certificate and an energy performance certificate.
2 Choose the correct version of the Section 21 notice
There are two different versions of the Section 21 notice: Form 6A for ASTs starting on or after 1 October 2015, and Form 21 for ASTs starting before that date Make sure you use the correct version for your tenancy.
3 Serve the Section 21 notice
The Section 21 notice must be served to the tenant in writing You can serve the notice by hand, by post, or by email if the tenancy agreement allows for it Make sure to keep proof of service, such as a signed acknowledgement of receipt or a certificate of posting.
4 Allow the correct notice period
The length of the notice period required in a Section 21 notice depends on the terms of the tenancy agreement If the tenancy is periodic, you must give at least two months’ notice how to issue section 21 notice. If the tenancy has a fixed term, the notice period must expire on the last day of the fixed term.
5 Consider any additional requirements
In some cases, there may be additional requirements that you need to meet before issuing a Section 21 notice For example, if the property is in disrepair or the tenant has made a complaint about the condition of the property, issuing a Section 21 notice may not be possible until these issues are resolved.
6 Check the expiry date of the Section 21 notice
Make sure to check the expiry date of the Section 21 notice and ensure that the notice period has elapsed before taking any further action If the tenant does not vacate the property by the expiry date, you may need to apply to the court for a possession order.
7 Apply for a possession order if necessary
If the tenant does not vacate the property by the expiry date of the Section 21 notice, you may need to apply to the court for a possession order This involves completing the necessary court forms and attending a court hearing If the court grants the possession order, the tenant will be required to vacate the property by a specified date.
In conclusion, issuing a Section 21 notice is a key step in the eviction process for landlords in England By following the steps outlined in this guide, you can ensure that you comply with the legal requirements and regain possession of your property in a timely manner If you are unsure about how to issue a Section 21 notice, it is advisable to seek legal advice to avoid any potential pitfalls in the process.