If you’re a landlord looking to regain possession of your property from tenants in England or Wales, issuing a Section 21 notice may be necessary A Section 21 notice, also known as an eviction notice, is a legal document that must be served to the tenants in order to start the process of ending a tenancy agreement In this article, we will discuss how to issue a Section 21 notice correctly.
Before proceeding with issuing a Section 21 notice, it is essential to ensure that you have met all the legal requirements These requirements include:
1 The tenancy must be an assured shorthold tenancy (AST).
2 The deposit must be protected in a government-approved tenancy deposit protection scheme.
3 The property must meet all relevant safety and licensing requirements, such as having a valid gas safety certificate.
4 The tenants must have been provided with a copy of the “How to Rent” guide and an Energy Performance Certificate (EPC) for the property.
Once you have confirmed that you meet all the necessary requirements, you can proceed with issuing the Section 21 notice Here is a step-by-step guide on how to do so:
1 Determine the Type of Section 21 Notice:
There are two types of Section 21 notices that can be issued, depending on the timing of the notice These are Section 21(1) and Section 21(4) Section 21(1) is used when the fixed term of the tenancy has ended, and the tenancy is now periodic Section 21(4) is used when the fixed term has not yet ended, and the notice period must end no earlier than the end of the fixed term.
2 Prepare the Section 21 Notice:
The Section 21 notice must include specific information, such as the address of the property, the names of the tenants, the date the notice is served, the date on which possession is required, and the grounds for possession how to issue section 21 notice. It is crucial to ensure that the notice is clear, accurate, and complies with the legal requirements.
3 Serve the Section 21 Notice:
The Section 21 notice must be served to the tenants in writing It can be delivered by hand, posted through the letterbox, or sent by registered post It is essential to keep proof of service, such as a certificate of posting or a receipt from the postal service, in case it is needed as evidence in court.
4 Wait for the Notice Period to Expire:
After serving the Section 21 notice, you must allow the specified notice period to expire before taking any further action The notice period is usually two months, but it may vary depending on the type of Section 21 notice issued.
5 Apply to the Court for Possession:
If the tenants fail to vacate the property after the notice period has expired, you can apply to the court for possession You will need to provide evidence that the Section 21 notice was validly issued and that the necessary statutory requirements have been met.
6 Obtain a Possession Order:
If the court is satisfied that the Section 21 notice was validly issued and that all legal requirements have been met, it will issue a possession order This order will specify the date by which the tenants must leave the property If the tenants fail to comply with the possession order, you may need to apply for a warrant of possession to evict them forcibly.
In conclusion, issuing a Section 21 notice is a legal process that must be followed correctly to regain possession of your property from tenants By ensuring that you meet all the necessary requirements and following the steps outlined in this article, you can navigate the process smoothly and effectively If you have any doubts or concerns about issuing a Section 21 notice, it is advisable to seek legal advice from a solicitor or a professional letting agent.