If you are a landlord looking to take back possession of your property from a tenant, issuing a Section 21 notice may be the most appropriate course of action. A Section 21 notice is a legal document that is used to end an assured shorthold tenancy (AST) without providing a reason for doing so. Here is a step-by-step guide on how to issue a section 21 notice:
1. Check if You Can Issue a Section 21 Notice
Before issuing a Section 21 notice, you must ensure that you have met all the legal requirements to do so. This includes ensuring that your tenant’s deposit is protected in a government-approved scheme, providing the tenant with a copy of the gas safety certificate, and serving the tenant with a copy of the property’s Energy Performance Certificate (EPC) and the government’s “How to rent” guide.
2. Check the Type of Tenancy Agreement
Make sure that your tenant has an assured shorthold tenancy (AST) agreement in place. Section 21 notices can only be used to end ASTs. If your tenant has a different type of tenancy agreement, such as a regulated tenancy or a period tenancy, you will need to use a different legal process to end the tenancy.
3. Serve the Section 21 Notice Correctly
To serve a Section 21 notice, you must give your tenant at least two months’ notice in writing. The notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. It is recommended to use Form 6A for this purpose, which is the official form for serving a Section 21 notice in England.
4. Check the Timing
Ensure that you serve the Section 21 notice at the correct time. You cannot issue a Section 21 notice within the first four months of the tenancy. If your tenancy agreement has a fixed term, the notice can expire at the end of the fixed term. If the tenancy is a periodic tenancy, the notice must give the tenant at least two months’ notice and expire on the last day of the period of the tenancy.
5. Keep a Record
It is essential to keep a record of serving the Section 21 notice. Make sure that you have a copy of the notice and proof of delivery, such as a certificate of posting or a record of hand-delivery. This will be crucial if you need to prove to a court that you have complied with the legal requirements for issuing a Section 21 notice.
6. Consider Seeking Legal Advice
If you are unsure about the process of issuing a Section 21 notice, or if you encounter any difficulties during the process, it may be wise to seek legal advice. A solicitor specializing in landlord and tenant law will be able to guide you through the process and ensure that you are following the correct legal procedures.
7. Be Prepared for the Tenant’s Response
After serving the Section 21 notice, your tenant may choose to vacate the property voluntarily or contest the notice. If the tenant does not leave the property by the expiry date of the notice, you will need to apply to the court for a possession order. This may involve attending a court hearing, so it is essential to be prepared for this eventuality.
In conclusion, issuing a Section 21 notice is a legal process that must be carried out correctly to ensure that you can regain possession of your property from a tenant. By following the steps outlined in this guide and seeking legal advice if necessary, you can navigate the process successfully and regain possession of your property in a timely manner.