A Step-by-Step Guide On How To Issue A Section 21 Notice
If you’re a landlord looking to regain possession of your property from a tenant and your tenancy agreement is an assured shorthold tenancy, issuing a Section 21 notice is a crucial step in the process. A Section 21 notice is a legal document that informs the tenant of your intention to take back possession of the property after the end of the fixed term or during a periodic tenancy. However, issuing a Section 21 notice must be done correctly to be valid and enforceable. In this comprehensive guide, we will walk you through the steps on how to issue a section 21 notice effectively.
1. Verify that you can issue a Section 21 notice
Before you can issue a Section 21 notice, you need to ensure that you have complied with all legal requirements. This includes protecting the tenant’s deposit in a government-approved deposit protection scheme, providing the tenant with a copy of the “How to Rent” guide, and ensuring that the property meets all health and safety regulations. If you fail to meet these requirements, your Section 21 notice could be deemed invalid.
2. Determine the type of tenancy
It’s essential to know whether your tenancy is a fixed-term or periodic tenancy before issuing a Section 21 notice. If your tenancy has a fixed term, you can issue a Section 21 notice any time after the fixed term ends. For periodic tenancies, you must wait until the end of a rental period before issuing the notice.
3. Serve the Section 21 notice
To serve a Section 21 notice, you must use the correct form – Form 6A – which is available on the government’s website. The notice must be in writing and give the tenant at least two months’ notice to vacate the property. You can serve the notice by hand, by post, or by email if this method is specified in the tenancy agreement.
4. Keep records of service
It’s crucial to keep records of how and when you served the Section 21 notice to the tenant. This includes proof of postage if served by post or a delivery receipt if served by hand. Keeping accurate records will help you prove that you have complied with the legal requirements if any disputes arise.
5. Wait for the notice period to expire
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action. If the tenant does not vacate the property voluntarily after the notice period ends, you will need to apply to the court for a possession order.
6. Apply for a possession order
If the tenant refuses to leave the property after the Section 21 notice expires, you can apply to the court for a possession order. You will need to complete the relevant court forms and provide evidence that you have followed all legal procedures. The court will then schedule a hearing to determine whether to grant you possession of the property.
7. Attend the court hearing
It’s essential to attend the court hearing if your application for a possession order goes to court. You will have the opportunity to present your case to the judge and provide evidence supporting your claim. If the judge grants you a possession order, the tenant will be legally required to leave the property by a specific date.
8. Enforce the possession order
If the tenant still refuses to vacate the property after the court grants you a possession order, you may need to enlist the help of bailiffs to enforce the order. The bailiffs will physically remove the tenant from the property and return possession to you.
By following these steps and ensuring that you comply with all legal requirements, you can issue a Section 21 notice effectively and regain possession of your property from a tenant. Remember to keep accurate records of all communications and actions taken throughout the process to protect yourself in case of any disputes.