If you’re a landlord looking to regain possession of your property, issuing a Section 21 notice may be the right course of action. A Section 21 notice is a legal eviction notice that allows a landlord to ask their tenants to leave the property at the end of their tenancy agreement. It is important to follow the correct procedure when issuing a Section 21 notice to ensure that it is 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, it is important to check the terms of the tenancy agreement. Make sure that the tenancy agreement is an assured shorthold tenancy (AST) agreement and that it is not in the fixed term period. Also, ensure that all necessary documents, such as the gas safety certificate and the energy performance certificate, have been provided to the tenant.
2. Serve the Prescribed Information
In order to issue a Section 21 notice, you must have served the tenant with the prescribed information at the start of the tenancy. This includes a copy of the government’s “How to rent” guide and details of the deposit protection scheme that is being used.
3. Check the Local Authority Requirements
Before issuing a Section 21 notice, it is important to check if your property is subject to any local authority licensing requirements. Some local authorities have additional licensing schemes that landlords must comply with before they can issue a Section 21 notice.
4. Choose the Correct Form
There are two different forms that can be used to issue a Section 21 notice – Form 6A for properties in England and Form AT6 for properties in Scotland. Make sure to use the correct form for your property.
5. Give the Correct Notice Period
When issuing a Section 21 notice, you must give the tenant at least two months’ notice. The notice period must end on the last day of the tenancy agreement or the end of the rent period.
6. Serve the Section 21 Notice
The Section 21 notice must be served on the tenant in writing. You can serve the notice by post or in person. If serving the notice in person, it is advisable to have a witness present to confirm that the notice was served.
7. Keep Proof of Service
It is important to keep proof of how and when the Section 21 notice was served on the tenant. This can be in the form of a signed acknowledgment of receipt or a certificate of posting from the postal service.
8. Be Mindful of Timing
It is crucial to issue the Section 21 notice at the right time. If the notice is served too early, it may be invalid. If the notice is served too late, it may delay the possession proceedings.
9. Seek Legal Advice if Needed
If you are unsure about how to issue a section 21 notice or if you encounter any issues along the way, it is advisable to seek legal advice from a qualified solicitor or housing adviser. They can provide guidance on the correct procedure to follow and help you navigate any legal complexities.
10. Follow Up on the Section 21 Notice
After serving the Section 21 notice, it is important to follow up with the tenant to ensure that they have received the notice and understand its implications. Keep a record of all communications with the tenant regarding the notice.
In conclusion, issuing a Section 21 notice is an important step in regaining possession of your property. By following the correct procedure and seeking legal advice if needed, you can ensure that the notice is valid and enforceable. Remember to check the tenancy agreement, serve the prescribed information, choose the correct form, give the correct notice period, serve the notice in writing, keep proof of service, be mindful of timing, seek legal advice if needed, and follow up on the notice. By taking these steps, you can successfully issue a Section 21 notice and regain possession of your property.