If you are a landlord looking to regain possession of your property, issuing a Section 21 notice is a common and effective way to do so. A Section 21 notice is a legal document that allows landlords in England and Wales to evict tenants without providing a reason, as long as certain conditions are met.
In this article, we will walk you through the steps on how to issue a section 21 notice correctly.
**Step 1: Verify if you can issue a Section 21 notice**
Before issuing a Section 21 notice, ensure that you have met all the legal requirements. These include:
– The tenancy agreement must be an assured shorthold tenancy (AST).
– The deposit must be protected in a government-approved scheme.
– All necessary safety certificates must be provided to the tenants.
– The tenants must have been provided with an EPC (Energy Performance Certificate) and the Government’s ‘How to Rent’ guide.
**Step 2: Give the correct notice period**
The notice period for a Section 21 notice will depend on the type of tenancy agreement and when it started. For ASTs that started after October 2015, landlords must provide at least two months’ notice. For ASTs that began before October 2015, the notice period is usually two months or longer, depending on the terms of the tenancy agreement.
**Step 3: Draft the Section 21 notice**
To issue a Section 21 notice, you must use the correct form. In England, this is Form 6A, while in Wales, it is Form 6B. Make sure to fill out the form accurately, including details such as the address of the property, the names of the tenants, and the date you want the tenants to vacate the premises.
**Step 4: Serve the Section 21 notice**
You can serve the Section 21 notice either by post or in person. If you choose to deliver it in person, ensure that a witness is present, and ask the tenant to sign a receipt to confirm they have received the notice. If you are sending it by post, consider using recorded delivery to ensure it reaches the tenants.
**Step 5: Keep proof of service**
It is crucial to keep a record of how and when the Section 21 notice was served to the tenants. This could include copies of the notice, receipts, or any other evidence that proves the notice was delivered correctly. Keeping accurate records will help protect you in case the tenants dispute the validity of the notice.
**Step 6: 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. During this time, you should not harass or intimidate the tenants in any way, as this could be considered illegal eviction.
**Step 7: Apply for a possession order**
If the tenants do not vacate the property after the notice period has expired, you will need to apply for a possession order from the court. This can be done online, and you will need to provide supporting evidence, such as the signed Section 21 notice and proof of service.
**Step 8: Attend the court hearing**
Once you have applied for a possession order, you will need to attend a court hearing where a judge will decide whether to grant you possession of the property. It is essential to bring all relevant documents and evidence to the hearing to support your case.
**Step 9: Obtain a possession order**
If the court grants you a possession order, the tenants will be legally required to leave the property by a certain date. If they fail to do so, you may need to apply for a warrant of possession to have them physically removed from the premises by bailiffs.
Issuing a Section 21 notice can be a complex process, but by following these steps and seeking legal advice if necessary, you can successfully regain possession of your property. Remember to always comply with the legal requirements and ensure that you have valid reasons for issuing the notice.