If you are a landlord looking to regain possession of your property from your tenants, issuing a Section 21 notice may be the most effective legal route to take. A Section 21 notice is a legal notice served by a landlord to regain possession of a property that is let under an Assured Shorthold Tenancy (AST). It provides a landlord with a straightforward way to evict tenants without having to provide a reason for doing so.
Issuing a Section 21 notice must be done correctly in order to be valid and enforceable. Failure to follow the correct procedure can result in delays or even render the notice invalid, causing frustration and potential legal implications. Therefore, it is crucial to understand the process involved in issuing a Section 21 notice. Here is a step-by-step guide on how to issue section 21:
1. Check the Tenancy Agreement
Before issuing a Section 21 notice, you must ensure that your tenants are under an Assured Shorthold Tenancy agreement. Section 21 notices can only be used for properties let under an AST agreement. Additionally, check the terms of the tenancy agreement to confirm that all obligations and requirements have been met by both parties.
2. Provide the Prescribed Information
Landlords in England must comply with certain legal requirements when issuing a Section 21 notice. This includes providing tenants with certain prescribed information such as a valid Energy Performance Certificate (EPC), the government’s “How to Rent” guide, and a Gas Safety Certificate (if applicable). Failure to provide this information can render the Section 21 notice invalid.
3. Give Proper Notice Period
The notice period required to issue a Section 21 notice depends on the terms of the tenancy agreement and when the notice is served. Generally, a Section 21 notice must give tenants at least two months’ notice before possession is required. The notice period cannot end before the end of the fixed term of the tenancy agreement.
4. Complete the Section 21 Notice Form
To issue a valid Section 21 notice, landlords must use a specific form known as Form 6A. This form must be completed accurately, providing all necessary details such as the address of the property, the date the notice is served, and the earliest date possession is required. Additionally, the Section 21 notice must be signed by the landlord or their agent.
5. Serve the Section 21 Notice
The Section 21 notice must be served to the tenant in a specific manner to be considered valid. It can be served by hand delivery, posted through the letterbox, or sent by first-class mail. Landlords must also keep proof of service, such as a postal receipt or witness statement, to demonstrate that the notice has been served.
6. Await the Expiry of the Notice Period
Once the Section 21 notice has been served, landlords must wait for the expiry of the notice period before taking any further action. If the tenants do not vacate the property voluntarily by the specified date, landlords can proceed with court proceedings to obtain a possession order.
7. Apply for a Possession Order
If the tenants fail to vacate the property after the expiry of the notice period, landlords can apply to the court for a possession order. This involves completing a court form, paying a fee, and attending a court hearing. If the court grants a possession order, tenants will be legally required to vacate the property by a specified date.
Issuing a Section 21 notice can be a complex process that requires landlords to adhere to strict legal requirements. By following the step-by-step guide outlined above, landlords can avoid potential pitfalls and successfully regain possession of their property. Remember that seeking legal advice from a solicitor or property professional can provide further guidance and support throughout the process.