As a landlord, there may come a time when you need to issue a Section 21 notice to your tenants in order to regain possession of your property This notice is used in England and Wales under the Housing Act 1988 and allows landlords to evict tenants without a reason, as long as they follow the correct procedures.
Here is a step-by-step guide on how to issue a Section 21 notice:
1 Check that you have the right to issue a Section 21 notice
Before issuing a Section 21 notice, you need to ensure that you have the legal right to do so This includes making sure that your tenants have an assured shorthold tenancy (AST) agreement, that any deposit has been secured in a government-approved scheme, and that you have followed all other legal requirements.
2 Give the correct amount of notice
The amount of notice you need to give your tenants will depend on the terms of their tenancy agreement If your tenants have a periodic tenancy, you must give them at least two months’ notice If they have a fixed-term tenancy, the notice period must end on or after the fixed term.
3 Use the correct form
In order to issue a Section 21 notice, you must use the correct form In England, this is Form 6A, while in Wales, it is Form 6 Make sure you fill out the form correctly, including all the necessary details such as the property address, the date the notice is served, and the date on which possession is required.
4 Serve the notice correctly
Once you have completed the form, you must serve it on your tenants correctly how to issue section 21. This means giving it to them personally, sending it by first-class post, or leaving it at the property You should also keep proof of how and when the notice was served in case you need to provide evidence in court.
5 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 your tenants do not leave by the specified date, you may need to apply to the court for a possession order.
6 Apply to the court if necessary
If your tenants do not vacate the property by the end of the notice period, you will need to apply to the court for a possession order This involves filling out the necessary forms, paying a fee, and attending a hearing If the court grants the possession order, your tenants will be required to leave the property by a certain date.
7 Seek legal advice if unsure
If you are unsure about any aspect of issuing a Section 21 notice, it is recommended that you seek legal advice Evicting tenants can be a complex and time-consuming process, so having the help of a solicitor or property expert can ensure that you follow the correct procedures and avoid any costly mistakes.
In conclusion, issuing a Section 21 notice is an important step for landlords who need to regain possession of their property By following the correct procedures and seeking legal advice if necessary, you can ensure that the process runs smoothly and that you can reclaim your property in a timely manner.