If you are a landlord looking to regain possession of your property from a tenant, issuing a Section 21 Notice is a vital step in the eviction process A Section 21 Notice is a legal document served to tenants in England and Wales to notify them of your intention to repossess the property at the end of their tenancy agreement It is important to follow the correct procedures when issuing a Section 21 Notice to ensure that it is legally valid and enforceable Here is a step-by-step guide on how to issue a Section 21 Notice:
1 Check the Tenancy Agreement:
Before issuing a Section 21 Notice, you must ensure that the tenancy agreement is valid and that the fixed term has come to an end A Section 21 Notice cannot be served during the fixed term of the tenancy If the fixed term has expired and the tenancy has become a periodic tenancy, you can proceed with issuing a Section 21 Notice.
2 Serve a Gas Safety Certificate and EPC:
Under the Gas Safety Regulations 1998, landlords are required to provide tenants with a copy of the Gas Safety Certificate and Energy Performance Certificate (EPC) before issuing a Section 21 Notice Ensure that these documents are up to date and that you have provided them to the tenant.
3 Provide the Prescribed Information:
As per the Deregulation Act 2015, landlords are required to provide tenants with the Prescribed Information, which includes details about the deposit protection scheme and other relevant information Make sure that you have provided the tenant with the necessary documentation before issuing a Section 21 Notice.
4 Complete the Section 21 Notice Form:
To issue a Section 21 Notice, you must fill out the prescribed Form 6A, which is the standard notice for regaining possession of a property under Section 21 of the Housing Act 1988 The form must include details such as the date of service, the address of the property, and the date on which possession is required.
5 Serve the Section 21 Notice:
Once you have completed Form 6A, you must serve the Section 21 Notice to the tenant how to issue section 21 notice. The notice can be served either in person, by post, or by email if agreed upon in the tenancy agreement Make sure to keep a copy of the notice and proof of service for your records.
6 Check the Expiry Date:
The Section 21 Notice must give the tenant a minimum of two months’ notice to vacate the property Check the expiry date on the notice to ensure that it complies with the legal requirements If the notice is not valid, you will need to issue a new one.
7 Await the Expiry of the Notice:
Once the Section 21 Notice has been served, you must wait for the expiry of the notice period before taking any further action If the tenant does not vacate the property by the expiry date, you can proceed with seeking a possession order through the courts.
8 Apply for a Possession Order:
If the tenant fails to vacate the property after the expiry of the Section 21 Notice, you can apply for a possession order through the court The court will review the case and determine whether possession should be granted to the landlord.
9 Evicting the Tenant:
If the court grants a possession order, you can proceed with evicting the tenant from the property It is important to follow the correct procedures and seek advice from legal professionals if necessary to ensure that the eviction is carried out lawfully.
In conclusion, issuing a Section 21 Notice is a crucial step in the eviction process for landlords seeking to regain possession of their property By following the steps outlined in this guide and ensuring that the notice is legally valid and enforceable, landlords can successfully regain possession of their property in a timely manner.