If you are a landlord looking to regain possession of your property, issuing a Section 21 notice can be an effective way to do so. A Section 21 notice, also known as a no-fault eviction notice, allows you to end a fixed-term assured shorthold tenancy agreement or request possession of your property after the end of a periodic tenancy. However, issuing a Section 21 notice must be done correctly to be valid and enforceable. In this guide, we will walk you through the steps on how to issue a section 21 notice.
Step 1: Check Your Tenancy Agreement
Before issuing a Section 21 notice, it is essential to carefully review your tenancy agreement. Make sure that you have a valid reason for serving the notice, such as the end of a fixed-term tenancy or the expiry of a notice period in a periodic tenancy. Ensure that your tenancy agreement complies with all legal requirements, including protecting the tenant’s deposit in a government-approved scheme and providing the tenant with a copy of the government’s How to Rent guide.
Step 2: Serve the Prescribed Form
To issue a Section 21 notice, you must use the prescribed form, Form 6A, provided by the government. The form must be completed accurately and served on the tenant in writing. You can serve the notice by hand, post, or email, depending on the terms of your tenancy agreement. Make sure to keep a copy of the notice and evidence of service, such as a certificate of posting or a receipt for an email.
Step 3: Check the Notice Period
The notice period required for a Section 21 notice depends on the terms of the tenancy agreement and whether it is a fixed-term or periodic tenancy. For a fixed-term tenancy, the notice period must be at least two months. For a periodic tenancy, the notice period must be at least two rental periods. Ensure that you have given the tenant the correct notice period before seeking possession of your property.
Step 4: Consider the Deregulation Act 2015
If your tenancy started on or after October 1, 2015, you must comply with the requirements of the Deregulation Act 2015 when issuing a Section 21 notice. This includes providing the tenant with an Energy Performance Certificate, a Gas Safety Certificate, and a copy of the government’s How to Rent guide before serving the notice. Failure to comply with these requirements may invalidate the Section 21 notice.
Step 5: Check the Tenancy Deposit
Before issuing a Section 21 notice, make sure that you have protected the tenant’s deposit in a government-approved tenancy deposit scheme and provided the tenant with the prescribed information within 30 days of receiving the deposit. Failure to protect the deposit or provide the necessary information may result in the Section 21 notice being deemed invalid.
Step 6: Wait for the Notice Period to Expire
Once you have served the Section 21 notice on the tenant, you must wait for the notice period to expire before seeking possession of your property. During this time, the tenant has the right to remain in the property and can challenge the notice if they believe it is invalid. If the tenant does not vacate the property voluntarily after the notice period expires, you may apply to the court for a possession order.
Step 7: Apply to the Court for Possession
If the tenant fails to vacate the property after the Section 21 notice expires, you can apply to the court for a possession order. The court will consider your application and may grant a possession order if it is satisfied that you have followed the correct legal procedures and have valid grounds for seeking possession. Once you have obtained a possession order, you can request the court to issue a warrant for possession to evict the tenant.
In conclusion, issuing a Section 21 notice can be a useful tool for landlords looking to regain possession of their property. By following the steps outlined in this guide and ensuring that you comply with all legal requirements, you can effectively issue a Section 21 notice and regain possession of your property. Remember to seek legal advice if you are unsure about the process or require assistance with issuing the notice.