If you are a landlord looking to regain possession of your property from your tenants, issuing a Section 21 notice is a crucial step in the process. A Section 21 notice is used under the Housing Act 1988 to terminate an assured shorthold tenancy without needing a specific reason, also known as a “no-fault eviction”. However, it is important to follow the correct procedures when issuing a Section 21 notice to ensure that it is valid and enforceable. In this article, we will walk you through the steps on how to issue a section 21 notice properly.
1. Check your tenancy agreement
Before issuing a Section 21 notice, it is important to check your tenancy agreement to ensure that it is an assured shorthold tenancy (AST). Section 21 notices can only be used for ASTs, so if your tenancy agreement is not an AST, you will need to explore other options for regaining possession of your property.
2. Provide the required documentation
When issuing a Section 21 notice, you will need to provide the tenant with a copy of the government’s How to Rent guide, an Energy Performance Certificate (EPC), and the gas safety certificate (if applicable) before the tenancy begins. If you have not provided these documents, you will not be able to issue a Section 21 notice.
3. Check the status of the deposit
If you have taken a tenancy deposit, you will need to ensure that it is protected in a government-approved tenancy deposit scheme. If the deposit is not protected, you will be unable to issue a valid Section 21 notice.
4. Serve the Section 21 notice correctly
To issue a Section 21 notice, you must serve the notice in writing to the tenant. The notice must give the tenant at least two months’ notice to vacate the property. It is important to use the correct form for the notice, which is Form 6A, and to ensure that all the required information is included.
5. Keep records of serving the notice
Once you have served the Section 21 notice, it is important to keep records of how and when the notice was served. You may choose to serve the notice in person, by post, or using a professional process server. Whichever method you choose, make sure to keep proof of service, such as a certificate of posting or a witness statement.
6. Wait for the notice period to expire
After serving the Section 21 notice, you will need to wait for the two-month notice period to expire before you can take any further action. If the tenant does not vacate the property by the end of the notice period, you can then apply to the court for a possession order.
7. Obtaining a possession order
If the tenant does not vacate the property after the Section 21 notice period has expired, you can apply to the court for a possession order. You will need to complete the necessary court forms and provide evidence that you have followed the correct procedures in issuing the Section 21 notice.
8. Evicting the tenant
Once you have obtained a possession order from the court, you can arrange for the tenant to be evicted from the property. If the tenant still refuses to leave, you may need to enlist the help of bailiffs to enforce the possession order.
In conclusion, issuing a Section 21 notice is a necessary step for landlords looking to regain possession of their property from tenants. By following the correct procedures and ensuring that all the required documentation is in order, you can successfully issue a Section 21 notice and regain possession of your property legally and effectively.