If you are a landlord looking to regain possession of your property, issuing a Section 21 notice is an important step in the process Section 21 is a legal notice commonly used by landlords to evict tenants in England and Wales under an assured shorthold tenancy agreement However, issuing a Section 21 notice must be done correctly to ensure it is valid and legally enforceable Here is a step-by-step guide on how to issue a Section 21 notice effectively.
Step 1: Check Your Tenancy Agreement
Before you can issue a Section 21 notice, you need to make sure that your tenancy agreement is an assured shorthold tenancy (AST) Section 21 notices can only be used to regain possession of a property let under an AST If your tenancy agreement is not an AST, you may not be able to use a Section 21 notice to evict your tenant.
Step 2: Provide the Correct Notice Period
The notice period you must give your tenant when issuing a Section 21 notice depends on the terms of the tenancy agreement If your tenancy agreement started or was renewed on or after 1 October 2015, you must give your tenant at least two months’ notice If your tenancy agreement started before 1 October 2015, the notice period may vary, so it’s essential to check the specific terms of your agreement.
Step 3: Use the Correct Form
When issuing a Section 21 notice, you must use the correct form In most cases, you will need to use Form 6A, which is the prescribed form for serving a Section 21 notice The form must be completed accurately and served on your tenant in the correct manner, either by post or in person.
Step 4: Ensure the Property is in a Proper Condition
Before you can issue a Section 21 notice, you must ensure that the property meets certain legal requirements how to issue section 21. This includes ensuring that the property is safe and habitable, that all necessary repairs have been carried out, and that all required safety certificates are up to date.
Step 5: Serve the Notice Correctly
Once you have completed Form 6A and ensured that the property is in a proper condition, you can serve the Section 21 notice on your tenant The notice must be served in writing, either by post or in person If you are serving the notice by post, you should use a method that provides proof of postage, such as recorded delivery.
Step 6: Keep Records
It is essential to keep detailed records of the Section 21 notice and how it was served This includes keeping a copy of the notice, proof of postage or delivery, and any correspondence with your tenant regarding the notice Keeping accurate records will help you demonstrate that the notice was served correctly if any disputes arise in the future.
Step 7: Wait for the Notice Period to Expire
Once you have served the Section 21 notice on your tenant, you must wait for the notice period to expire before taking any further action During this time, your tenant has the right to remain in the property, and you cannot take any steps to evict them until the notice period has elapsed.
Step 8: Apply to the Court for a Possession Order
If your tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order This will involve filling out the necessary forms and attending a court hearing, where a judge will decide whether to grant you possession of the property.
Step 9: Obtain a Warrant of Possession
If the court grants you a possession order, but your tenant still refuses to leave the property, you can apply for a warrant of possession This will allow bailiffs to physically remove the tenant from the property, enabling you to regain possession.
Issuing a Section 21 notice can be a complex and time-consuming process, so it is essential to follow the correct procedure to avoid any delays or complications By following this step-by-step guide, you can issue a Section 21 notice effectively and regain possession of your property in a timely manner.