A Step-by-Step Guide On How To Issue A Section 21 Notice
If you are a landlord looking to regain possession of your rental property, issuing a Section 21 notice may be the way to go A Section 21 notice is a legal notice that landlords can use to evict tenants in England and Wales without specifying a reason However, issuing a Section 21 notice must be done correctly to be valid In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice effectively.
1 Check if You Can Issue a Section 21 Notice
Before issuing a Section 21 notice, make sure that you have complied with all your legal obligations as a landlord This includes protecting your tenant’s deposit in a government-approved scheme, providing them with a copy of the “How to Rent” guide, and ensuring that the property meets all the required standards.
2 Determine the Type of Tenancy
You can only issue a Section 21 notice if your tenant has an Assured Shorthold Tenancy (AST) If your tenant has a periodic tenancy or a fixed-term tenancy that has ended and has become a statutory periodic tenancy, you are eligible to serve a Section 21 notice.
3 Serve the Section 21 Notice Correctly
To serve a Section 21 notice, you must provide your tenant with a written notice stating that you require possession of the property The notice should specify the date by which they must vacate the premises, which must be at least two months from the date of service.
4 Use the Correct Form
When issuing a Section 21 notice, it is crucial to use the correct form For ASTs that began after October 2015, you must use Form 6A For ASTs that started before October 2015, you can use Form 6A or write your own notice Make sure to include all the necessary information, such as the date of service and the expiry date of the notice.
5 Serve the Notice in the Correct Manner
To serve a Section 21 notice, you can either deliver it by hand or send it by post how to issue section 21. If you choose to send it by post, make sure to use recorded delivery to ensure that the notice has been received by the tenant Additionally, keep a copy of the notice and evidence of service for your records.
6 Consider the Retaliatory Eviction Provisions
If your tenant has made a legitimate complaint about the condition of the property that you have failed to address, issuing a Section 21 notice may be considered retaliatory eviction To avoid this, make sure to address the tenant’s concerns promptly and keep a record of any repairs or improvements made to the property.
7 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 If your tenant fails to vacate the property by the specified date, you can apply to the court for a possession order.
8 Apply for a Possession Order
If your tenant does not vacate the property after the expiry of the Section 21 notice, you can apply to the court for a possession order You will need to complete the necessary court forms and pay the required fee The court will then schedule a hearing to determine the outcome of your possession claim.
9 Attend the Court Hearing
It is essential to attend the court hearing to present your case to the judge Be prepared to provide evidence of the Section 21 notice served, the tenancy agreement, and any other relevant documents The judge will decide whether to grant you a possession order and, if so, when the tenant must vacate the property.
Issuing a Section 21 notice can be a complex and time-consuming process, but by following the steps outlined in this guide, you can navigate the process effectively Remember to always seek legal advice if you are unsure about any aspect of issuing a Section 21 notice By doing so, you can ensure that you comply with all legal requirements and protect your rights as a landlord.