If you are a landlord looking to regain possession of your property at the end of a tenancy, issuing a Section 21 notice is one of the most common ways to do so in England and Wales A Section 21 notice gives the tenant at least two months’ notice to vacate the property, without needing to provide a reason for the eviction
Before you begin the process of issuing a Section 21 notice, it’s important to understand the requirements and steps involved to ensure a successful eviction Here is a step-by-step guide to help you navigate through the process:
1 Check your tenancy agreement
Before issuing a Section 21 notice, you need to ensure that you have a valid tenancy agreement in place The agreement should be an Assured Shorthold Tenancy (AST) and should clearly outline the start and end date of the tenancy Make sure to also confirm that all necessary documents such as the gas safety certificate, energy performance certificate, and the government’s ‘How to Rent’ guide have been provided to the tenant.
2 Give the correct notice period
To issue a Section 21 notice, you must provide the tenant with at least two months’ notice in writing The notice period should coincide with the end of a rental period and cannot expire before the fixed term of the tenancy ends If the tenancy is periodic, you must give the tenant notice to leave at least two months before the end of the rental period.
3 Complete the Section 21 notice form
To issue a Section 21 notice, you need to complete Form 6A, which is the prescribed form for landlords in England The form requires you to provide the name of the tenant, the address of the property, and the date the tenant is required to leave You must also certify that all legal requirements have been met, including providing the necessary documents and protecting the tenant’s deposit in a government-approved scheme.
4 Serve the notice correctly
Once you have completed Form 6A, you must serve the Section 21 notice to the tenant in writing how to issue a section 21 notice. The notice can be delivered by post or email, but it is advisable to use a method that can be tracked to ensure that the tenant has received the notice Make sure to keep a copy of the notice and any proof of delivery for your records.
5 Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the two-month notice period to expire before taking any further action If the tenant does not vacate the property by the specified date, you can apply to the court for a possession order It’s important to note that you cannot evict the tenant without a court order, even if the notice period has ended.
6 Apply to the court for a possession order
If the tenant refuses to vacate the property after the Section 21 notice has expired, you can apply to the court for a possession order You will need to complete the relevant court forms and pay the appropriate fee to initiate the eviction process The court will review your case and schedule a hearing to determine whether a possession order should be granted.
7 Attend the court hearing
When attending the court hearing, be prepared to present your case and provide evidence that all legal requirements have been met, including serving the Section 21 notice correctly The judge will consider the circumstances of the case before making a decision on whether to grant a possession order If the order is granted, the tenant will be given a specified date to vacate the property.
Issuing a Section 21 notice can be a complex and lengthy process, so it’s important to follow the correct procedures and seek legal advice if necessary By understanding the requirements and following the steps outlined above, you can effectively regain possession of your property in a timely and lawful manner.