A Step-by-Step Guide On How To Issue A Section 21 Notice
If you are a landlord in the UK and looking to regain possession of your property, issuing a Section 21 notice may be the best course of action A Section 21 notice is a legal document that a landlord can serve to a tenant in order to regain possession of a property at the end of an assured shorthold tenancy (AST)
It is important to note that issuing a Section 21 notice is not a simple process and must be done correctly to be valid Here is a step-by-step guide on how to issue a Section 21 notice:
1 Check your Tenancy Agreement
Before issuing a Section 21 notice, you must first check your tenancy agreement to ensure that it is an AST A Section 21 notice can only be used for ASTs, not for other types of tenancies such as assured tenancies or regulated tenancies.
2 Serve the Prescribed Information
Before the tenant moves into the property, you must provide them with certain information, known as the prescribed information This includes a copy of the Energy Performance Certificate (EPC) for the property, a copy of the gas safety certificate, and the government’s How to Rent guide If you have not provided this information, you will not be able to issue a Section 21 notice.
3 Determine if your Property is in England or Wales
Depending on whether your property is in England or Wales, different rules apply to serving a Section 21 notice In England, you must use Form 6A to issue a Section 21 notice, while in Wales, you must use Form 6B.
4 Check the Expiry Date
A Section 21 notice cannot be served within the first four months of the tenancy You must also ensure that the notice gives the tenant at least two months’ notice The notice must expire on the last day of a tenancy period, and if the tenancy is periodic, it must allow for this.
5 Complete the Section 21 Notice Form
To issue a Section 21 notice, you must fill out the appropriate form depending on whether your property is in England or Wales how to issue section 21. The form must include details such as the date the notice is served, the address of the property, and the date the tenancy will end.
6 Serve the Section 21 Notice
Once you have completed the Section 21 notice form, you must serve it to the tenant in person or by post It is recommended to serve the notice by recorded delivery to ensure that it has been received by the tenant You should also keep a copy of the notice for your records.
7 Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action If the tenant does not vacate the property by the end of the notice period, you can then apply to the court for a possession order.
8 Apply to the Court for a Possession Order
If the tenant fails to vacate the property after the expiry of the Section 21 notice, you can apply to the court for a possession order You must provide the court with evidence that the Section 21 notice was correctly served and that the notice period has expired.
9 Attend the Court Hearing
If the case goes to court, you will need to attend the hearing to present your case for possession of the property The court will consider the evidence provided by both parties before making a decision.
10 Obtain a Possession Order
If the court grants you a possession order, the tenant will be required to vacate the property by a certain date If the tenant fails to comply with the possession order, you may need to apply for a warrant of possession to have them evicted from the property.
In conclusion, issuing a Section 21 notice can be a complex process that requires careful attention to detail By following the steps outlined in this guide, you can ensure that the Section 21 notice is valid and enforceable If you are unsure about how to issue a Section 21 notice, it is recommended to seek legal advice to avoid any potential pitfalls.