If you are a landlord looking to regain possession of your property in England, issuing a Section 21 notice may be necessary This notice is typically used when a landlord wants to end an assured shorthold tenancy agreement It provides the tenant with at least two months’ notice to vacate the property However, issuing a Section 21 notice can be a complex process with specific requirements that must be met In this guide, we will walk you through the steps on how to correctly issue a Section 21 notice.
1 Check Your Eligibility
Before issuing a Section 21 notice, it is essential to ensure that you are eligible to do so You can issue a Section 21 notice if you have an assured shorthold tenancy (AST) agreement with your tenant and have protected their deposit in a government-approved scheme Additionally, you must provide the tenant with a copy of the government’s “How to Rent” guide and have met all legal obligations as a landlord, such as ensuring the property is in good repair and has all necessary safety certificates.
2 Determine the Type of Section 21 Notice
There are two types of Section 21 notices: Form 6A and Form 6 Form 6A is used for all AST agreements starting on or after October 1, 2015, while Form 6 is used for AST agreements that began before this date Make sure you use the correct form corresponding to the start date of the tenancy agreement.
3 Serve the Section 21 Notice
To serve the Section 21 notice, you must provide the tenant with a written notice in person or by post It is advisable to use recorded delivery to ensure proof of receipt The notice must include all the necessary information, such as the date the tenant must vacate the property, the address of the property, and the date the notice was served how to issue section 21 notice. Give the tenant at least two months’ notice before the date of possession.
4 Check the Expiry Date
After serving the Section 21 notice, you must ensure that the expiry date is correct The notice must provide the tenant with a minimum of two months’ notice, and the expiry date should be specified in the notice If the expiry date falls on the last day of a tenancy period, you must ensure that the notice is served at least two months before the end of the tenancy period.
5 Consider the Impact of Covid-19
Due to the ongoing Covid-19 pandemic, there have been changes to the rules surrounding Section 21 notices Landlords are now required to give tenants at least four months’ notice if the notice is served between March 26, 2020, and September 28, 2021 It is essential to stay updated on any changes to the legislation to ensure compliance.
6 Seek Legal Advice if Needed
If you are uncertain about how to issue a Section 21 notice or if you encounter any complications during the process, it is advisable to seek legal advice A solicitor or housing expert can provide guidance on the correct procedures to follow and ensure that you are compliant with the law.
In conclusion, issuing a Section 21 notice is a crucial step in regaining possession of your property as a landlord By following the steps outlined in this guide and ensuring that you meet all the legal requirements, you can successfully issue a Section 21 notice and regain possession of your property within the required timeframe Remember to check your eligibility, use the correct form, serve the notice correctly, check the expiry date, consider any Covid-19 implications, and seek legal advice if needed By following these steps, you can navigate the process of issuing a Section 21 notice with confidence and compliance.
Now that you have a comprehensive understanding of how to issue a Section 21 notice, you can proceed with confidence and ensure a smooth process for regaining possession of your property.