If you are a landlord in England looking to regain possession of your property from your tenants, issuing a Section 21 notice may be the way to go. A Section 21 notice is a legal document that allows landlords to evict tenants without providing a reason for doing so. It is important to follow the correct procedures 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 if you can issue a Section 21 notice
Before issuing a Section 21 notice, you need to make sure that you have the legal right to do so. You can issue a Section 21 notice if your tenants have an assured shorthold tenancy (AST) and the fixed term of their tenancy has ended or is coming to an end. You must also have protected your tenants’ deposit in a deposit protection scheme and provided them with the prescribed information.
2. Provide the correct notice
To issue a Section 21 notice, you need to use the correct form. The form you need to use will depend on when the tenancy started. If the tenancy started on or after October 1, 2015, you must use Form 6A. If the tenancy started before October 1, 2015, you can use Form 6A or any other form that complies with the regulations in place at the time.
3. Serve the notice correctly
Once you have filled out the correct form, you need to serve the notice on your tenants. You can serve the notice by delivering it in person, sending it by first class post, or using a professional process server. It is important to keep proof of service, such as a receipt or a witness statement, in case you need to prove that you have served the notice correctly.
4. Check the notice period
The notice period you need to give your tenants will depend on the terms of their tenancy agreement. If the tenancy agreement specifies a notice period, you must give at least that amount of notice. If the tenancy agreement does not specify a notice period, you must give your tenants at least two months’ notice. The notice period must end on the last day of a rental period.
5. Wait for the notice to expire
Once you have served the Section 21 notice on your tenants, you must wait for the notice period to expire before taking any further action. If your tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order.
6. Apply for a possession order
If your tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order. You will need to fill out the correct court forms and pay the court fee. The court will then issue a possession order, which will set out a date by which your tenants must leave the property.
7. Evict your tenants
If your tenants do not leave the property by the date set out in the possession order, you can apply for a warrant of possession. A warrant of possession allows court bailiffs to evict your tenants from the property. Once your tenants have been evicted, you can change the locks and take back possession of your property.
Issuing a Section 21 notice can be a complex and time-consuming process, so it is important to seek legal advice if you are unsure of what to do. By following the steps outlined in this guide, you can ensure that your Section 21 notice is valid and enforceable, allowing you to regain possession of your property in a timely manner.
In conclusion, issuing a Section 21 notice is a legal procedure that allows landlords in England to evict tenants without providing a reason. By following the correct procedures and seeking legal advice if necessary, landlords can ensure that their Section 21 notice is valid and enforceable.