If you’re a landlord in the UK and you’re looking to evict your tenants, issuing a Section 21 notice is one of the most common ways to do so A Section 21 notice is served to terminate an Assured Shorthold Tenancy (AST) agreement between a landlord and a tenant It’s important to follow the correct procedure when issuing a Section 21 notice to ensure that it is legally valid and enforceable In this article, we will provide you with a comprehensive guide on how to issue a Section 21 notice.
Firstly, it’s important to understand the circumstances in which you can issue a Section 21 notice You can issue a Section 21 notice to regain possession of your property once the fixed term of the tenancy agreement has ended, or during a periodic tenancy However, you cannot issue a Section 21 notice during the first four months of the tenancy or if the property is not licensed when required.
Before issuing a Section 21 notice, you must ensure that you have complied with all landlord obligations, such as providing the tenant with a copy of the gas safety certificate, the Energy Performance Certificate (EPC), and the government’s How to Rent guide Failure to comply with these obligations can render the Section 21 notice invalid.
Here’s a step-by-step guide on how to issue a Section 21 notice:
1 Provide the tenant with a written notice
You must provide the tenant with a written notice stating that you intend to seek possession of the property under Section 21 of the Housing Act 1988 The notice must be in writing and clearly state the date on which possession is required, which must be at least two months from the date the notice is served.
2 Use the correct form
When serving the Section 21 notice, you must use the correct form For an AST that started on or after October 1, 2015, you should use Form 6A This form can be downloaded from the government’s website and must be filled out accurately and completely.
3 Serve the notice correctly
The Section 21 notice can be served by post or in person If serving by post, it is advisable to use recorded delivery to ensure that the notice has been received by the tenant how to issue section 21 notice. If serving in person, you should ask the tenant to sign and date a copy of the notice as proof of service.
4 Retain proof of service
It is essential to retain proof of service of the Section 21 notice This can include a certificate of posting if served by post, a witness statement if served in person, or a record of an electronic communication if served by email.
5 Wait for the notice period to expire
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action The notice period is usually two months, but this may vary depending on the terms of the tenancy agreement.
6 Apply to the court for possession
If the tenant does not vacate the property voluntarily after the notice period has expired, you can apply to the court for a possession order You will need to complete a claim form and provide evidence that the Section 21 notice was validly served.
7 Attend the court hearing
If the tenant contests the possession order, a court hearing will be scheduled You must attend the hearing and present your case to the judge If the judge is satisfied that the Section 21 notice was validly served and all legal requirements have been met, they will grant a possession order.
In conclusion, issuing a Section 21 notice is a legal process that requires careful attention to detail By following the steps outlined in this guide, you can ensure that the Section 21 notice is legally valid and enforceable Remember to comply with all landlord obligations, use the correct form, serve the notice correctly, retain proof of service, wait for the notice period to expire, and apply to the court for possession if necessary By following these steps, you can successfully regain possession of your property from your tenants.