If you’re a landlord looking to regain possession of your property from your tenants, it’s essential to follow the correct legal procedures. One common way to do this is by issuing a Section 21 notice. This notice is used when you want to evict your tenants without giving a reason, as long as you have complied with all the legal requirements.
Here is 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, make sure that you have met all the legal requirements. These include ensuring that your tenants have signed an Assured Shorthold Tenancy (AST) agreement, protecting their deposit in a government-approved scheme, providing them with a copy of the property’s Energy Performance Certificate (EPC) and Gas Safety Certificate, and fulfilling all other obligations under the law.
2. Serve a valid Section 21 notice: To issue a Section 21 notice, you must use the correct form, either Form 6A for properties in England or Form 6A for properties in Wales. The notice must be in writing and clearly state that you are seeking possession under Section 21 of the Housing Act 1988. You should also specify the date on which you want the tenant to vacate the property, giving them at least two months’ notice.
3. Check the timing: It’s essential to ensure that you serve the Section 21 notice at the right time. If the tenancy started before October 2015, you can issue a Section 21 notice at any time during the tenancy. However, for tenancies that began after October 2015, you cannot serve a Section 21 notice within the first four months of the tenancy. After this initial four-month period, you can serve the notice at any time.
4. Serve the notice correctly: To serve a Section 21 notice correctly, you can either deliver it by hand to the tenant or send it by first-class post. It is advisable to use recorded delivery or get proof of postage so that you can track when the notice was received. You should also ensure that the notice is served to all tenants named on the tenancy agreement.
5. Keep a record: After serving the Section 21 notice, make sure to keep a record of how and when it was served. This can be useful in case the tenant disputes receiving the notice or contests the eviction in court.
6. Wait for the notice period to expire: Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action. The notice period is usually two months, but it can be longer if specified in the tenancy agreement or shortened in certain circumstances.
7. Apply to the court for a possession order: If the tenant does not vacate the property after the Section 21 notice period expires, you can apply to the court for a possession order. The court will review the case and, if satisfied that you have followed all the correct procedures, will issue a possession order allowing you to evict the tenant.
Issuing a Section 21 notice can be a complex process, and it’s essential to seek legal advice if you are unsure about any aspect of the procedure. By following the steps outlined above and ensuring that you comply with all the legal requirements, you can successfully regain possession of your property from your tenants.
In conclusion, issuing a Section 21 notice is a legal way to evict tenants without giving a reason, as long as you have met all the necessary requirements. By following the steps outlined in this guide, you can navigate the process effectively and regain possession of your property in a timely manner.