If you are a landlord in the UK and you want to regain possession of your property from your tenant, issuing a Section 21 notice is a crucial step in the process A Section 21 notice is used to end an assured shorthold tenancy (AST) agreement without having to give a reason for the eviction However, issuing a Section 21 notice must be done correctly to ensure that it is valid and legally enforceable In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice properly.
Step 1: Check your eligibility
Before issuing a Section 21 notice, you must ensure that you are eligible to do so You can issue a Section 21 notice if:
– Your tenancy agreement is an AST
– The fixed term of the tenancy has ended, or the tenancy has run for a minimum of 4 months
– You have protected your tenant’s deposit in a government-approved scheme
– You have provided your tenant with a gas safety certificate and an Energy Performance Certificate (EPC)
– You have given your tenant a copy of the government’s “How to Rent” guide
Step 2: Provide the correct notice period
The notice period you must give your tenant will depend on when the fixed term of the tenancy ends, and the type of tenancy agreement you have Generally, you must give your tenant at least 2 months’ notice However, if the fixed-term has ended, you can give notice at any time, but the notice must be for a minimum of 2 months.
Step 3: Prepare the Section 21 notice
To issue a Section 21 notice, you must use the correct form In England, you must use form 6A, while in Wales, you must use form L how to issue section 21 notice. You can download the forms from the government’s website or purchase them from a legal stationery store.
When completing the form, ensure that you provide all the required information, including your name and address, the address of the property, the date the notice is served, and the date the tenant must vacate the property.
Step 4: Serve the Section 21 notice
Once you have completed the Section 21 notice form, you must serve it on your tenant correctly There are several ways you can serve the notice, including:
– Hand delivering the notice to the tenant
– Posting the notice through the letterbox
– Sending the notice by recorded delivery
– Emailing the notice if your tenancy agreement allows for electronic communication
It is crucial to keep proof of service, such as a witness statement or a certificate of posting, to show that you have served the Section 21 notice on your tenant.
Step 5: Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action During this time, you should not harass or intimidate your tenant, as this could invalidate the notice.
Step 6: Apply for a possession order
If your tenant does not vacate the property after the notice period has expired, you can apply to the court for a possession order You must provide the court with evidence that you have served the Section 21 notice correctly and that the notice period has expired.
Once the court grants you a possession order, your tenant will have a set period to vacate the property voluntarily If they do not leave, you can apply for a warrant of possession to forcibly remove them.
In conclusion, issuing a Section 21 notice is a crucial step in the eviction process for landlords in the UK By following the steps outlined in this article and ensuring that you comply with all legal requirements, you can successfully regain possession of your property from your tenant Remember to seek legal advice if you are unsure about any aspect of issuing a Section 21 notice to protect your rights as a landlord.