As a landlord, issuing a Section 21 notice is an essential step to take if you want to recover possession of your property from your tenants. A Section 21 notice is a legal document that gives notice to your tenants that you want the property back at the end of their tenancy agreement. It is important to follow the correct procedures when issuing a Section 21 notice to ensure that it is valid and enforceable. In this guide, we will walk you through the steps on how to issue a section 21 notice properly.
1. Check if you can issue a Section 21 notice
Before issuing a Section 21 notice, you need to make sure that you have the legal right to do so. You can issue a Section 21 notice if:
– The tenancy is an Assured Shorthold Tenancy (AST)
– The fixed-term of the tenancy has ended, or you are in a periodic tenancy
– The deposit has been protected in a government-approved scheme and prescribed information has been provided to the tenant
– You have given the tenant a gas safety certificate, an energy performance certificate, and the latest version of the government’s How to Rent guide
2. Give the correct notice period
The notice period you need to give depends on the type of tenancy agreement and when you want the tenant to leave. For a Section 21 notice, you must give your tenants at least two months’ notice in writing. The notice period must end on the last day of a tenancy period, which is typically the day before the rent is due. Make sure to check your tenancy agreement for any specific notice requirements.
3. Write the Section 21 notice
When writing the Section 21 notice, you need to include the following information:
– The date the notice is being served
– The address of the rental property
– The full names of the tenants
– The date the tenants are required to leave the property (which must be at least two months from the date of service)
– A statement that the notice is being served under Section 21 of the Housing Act 1988
Make sure to keep a copy of the Section 21 notice and proof of service for your records. You can serve the notice in person, by post, or by email, but it is recommended to use a method that provides proof of delivery.
4. Serve the Section 21 notice
Once you have written the Section 21 notice, you need to serve it to your tenants. You can do this personally, by post, or by email. If you are serving the notice by post, it is advisable to send it by recorded delivery or first-class mail to ensure proof of delivery. If you are serving the notice by email, make sure to request a read receipt or delivery confirmation.
5. Consider using a professional service
If you are unsure about how to issue a section 21 notice or want to ensure that it is done correctly, you may want to consider using a professional service. A letting agent or solicitor can help you draft and serve the Section 21 notice, ensuring that it complies with all legal requirements. While there may be a cost associated with using a professional service, it can provide peace of mind and help you avoid any potential legal issues down the line.
In conclusion, issuing a Section 21 notice is an important step for landlords who want to regain possession of their property. By following the correct procedures and ensuring that the notice is served properly, you can avoid any delays or complications in the eviction process. Make sure to check your tenancy agreement, give the correct notice period, and include all necessary information in the Section 21 notice. If you are unsure about how to issue a section 21 notice, consider seeking professional assistance to ensure that it is done correctly.