If you are a landlord looking to regain possession of your property from a tenant, issuing a Section 21 notice can be an effective way to start the process A Section 21 notice is also known as a “no-fault eviction” notice, as it does not require the landlord to provide a reason for wanting possession However, it is important to follow the correct procedures when issuing a Section 21 notice to ensure it is valid and enforceable In this article, we will provide a step-by-step guide on how to issue a Section 21 notice.
1 Check if you can issue a Section 21 notice
Before issuing a Section 21 notice, it is important to check whether you have the right to do so You can issue a Section 21 notice if:
– The tenancy is an assured shorthold tenancy (AST)
– The fixed term of the tenancy has ended, or it has been more than four months since the start of the tenancy
– You have protected the tenant’s deposit in a government-approved scheme
– You have provided the tenant with a copy of the government’s “How to Rent” guide
If any of these conditions are not met, you may not be able to issue a Section 21 notice.
2 Give the tenant proper notice
Before issuing a Section 21 notice, you must provide the tenant with a minimum of two months’ notice This notice period must end on the last day of the tenancy period (i.e., the day before the rent is due) For example, if the rent is due on the 1st of each month, the two months’ notice period should end on the 30th of a month.
3 Serve the Section 21 notice correctly
To serve a Section 21 notice, you must use the correct form: Form 6A (for ASTs in England) or Form 6 (for ASTs in Wales) The notice must be in writing and clearly state that it is a Section 21 notice You can serve the notice in person, by post, or by email if the tenancy agreement allows for it Make sure you keep a copy of the notice and proof of service.
4 how to issue section 21 notice. Consider any additional requirements
In some cases, there may be additional requirements you need to meet when issuing a Section 21 notice For example, if the property is licensable under selective licensing laws, you may need to obtain a license before issuing the notice It is important to check whether there are any additional requirements that apply to your property before proceeding.
5 Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the two months’ notice period to expire before taking further action If the tenant does not vacate the property by the end of the notice period, you can apply to the court for a possession order.
6 Apply for a possession order
If the tenant does not vacate the property voluntarily after the Section 21 notice period has expired, you can apply to the court for a possession order You will need to complete the relevant court forms and pay the required fee The court will then schedule a hearing where both parties can present their case.
7 Obtain a possession order
If the court grants the possession order, the tenant will be provided with a deadline to vacate the property If the tenant still does not leave, you can request a warrant for possession, which allows bailiffs to evict the tenant.
In conclusion, issuing a Section 21 notice can be an effective way for landlords to regain possession of their property However, it is essential to follow the correct procedures and ensure that all requirements are met to avoid any delays or complications By following the steps outlined in this guide, landlords can successfully issue a Section 21 notice and regain possession of their property legally and efficiently.