If you are a landlord and wish to regain possession of your property from the tenant on an assured shorthold tenancy agreement, you may need to issue a Section 21 notice. This notice allows you to evict the tenant legally after the fixed term of the tenancy has ended or during a periodic tenancy. Here is a step-by-step guide on how to issue a section 21 notice effectively.
1. Understand the Criteria
Before proceeding to issue a Section 21 notice, make sure you meet all the necessary criteria. This includes ensuring that the tenant has been provided with a copy of the latest version of the government’s “How to Rent” guide, the deposit has been protected with a government-approved scheme, and any required licenses have been obtained for the property.
2. Check the Fixed Term
A Section 21 notice can only be issued after the fixed term of the tenancy has expired. If the tenant is still within the fixed term, you will need to wait until it has ended before issuing the notice. However, if the fixed term has already ended and the tenancy has become a periodic tenancy, you can issue the notice at any time, provided you give the required notice period.
3. Determine the Notice Period
The notice period for a Section 21 notice depends on the terms of the tenancy agreement. If the tenancy agreement states a fixed term, you must give at least two months’ notice. If the tenancy has become periodic, you must also give at least two months’ notice, which must end on the last day of the rental period. For example, if the rent is paid on the 1st of each month, the notice must expire on the last day of the month.
4. Prepare the Section 21 Notice
To issue a Section 21 notice, you will need to use the correct form. The most commonly used form is Form 6A, which can be downloaded from the government’s website. Ensure that you fill in all the relevant details accurately, including the address of the property, the names of the landlord and tenant, and the date the notice is served.
5. Serve the Notice
Once you have prepared the Section 21 notice, you must serve it on the tenant correctly. This can be done by handing it to the tenant in person, sending it by post, or emailing it if the tenancy agreement allows for electronic communication. Make sure to keep proof of service, such as a signed receipt or a delivery confirmation.
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, the tenant has the right to vacate the property voluntarily. If the tenant does not leave by the expiry date of the notice, you can proceed to apply for a possession order from the court.
7. Apply for a Possession Order
If the tenant does not vacate the property by the expiry date of the Section 21 notice, you can apply for a possession order from the court. The court will review the case and, if satisfied that all the legal requirements have been met, grant you possession of the property. However, if the tenant raises any valid defenses, the court may decide to hold a hearing to resolve the dispute.
In conclusion, issuing a Section 21 notice requires careful consideration of the legal requirements and following the correct procedures. By understanding the criteria, determining the notice period, preparing the notice, serving it correctly, and following up with the necessary court procedures if needed, you can regain possession of your property lawfully. Remember to seek legal advice if you are unsure about any aspect of issuing a Section 21 notice to ensure a smooth and successful eviction process.