If you are a landlord looking to regain possession of your property, issuing a Section 21 notice could be the route for you. A Section 21 notice is a legal document that allows you to evict your tenant without providing a reason, as long as you follow the correct procedures. Here is a step-by-step guide on how to issue a section 21 notice:
1. Check your eligibility
Before issuing a Section 21 notice, you must ensure that you meet all the legal requirements. You can issue a Section 21 notice if your tenant has an assured shorthold tenancy (AST), the deposit has been protected in a government-approved scheme, and you have provided your tenant with a valid gas safety certificate and an energy performance certificate.
2. Give the required notice period
In most cases, you must give your tenants at least two months’ notice to leave the property. The notice period must end on the last day of the tenancy period and must be in writing. Make sure you serve the notice correctly to avoid any delays in the eviction process.
3. Use the correct form
To issue a Section 21 notice, you must use the correct form. Depending on when the tenancy started, you will need to use either Form 6A (for tenancies starting after October 2015) or Form 21 (for tenancies starting before October 2015). Make sure you fill out the form accurately and provide all the necessary information.
4. Serve the notice correctly
You must serve the Section 21 notice to your tenant in the correct way. This can be done by delivering it by hand, sending it by first-class post, or through email if your tenancy agreement allows for it. Make sure you keep proof of service in case you need it later.
5. Provide additional documents
Along with the Section 21 notice, you must also provide your tenant with a copy of the energy performance certificate, gas safety certificate, and the government’s “How to Rent” guide. Failure to provide these documents could invalidate your Section 21 notice.
6. Wait for the notice period to expire
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action. If your tenant does not vacate the property by the end of the notice period, you may then apply to the court for a possession order.
7. Apply to the court for a possession order
If your tenant refuses to leave the property after the expiry of the Section 21 notice, you will need to apply to the court for a possession order. This is a legal process that requires you to submit the necessary forms and evidence to the court, which will then schedule a hearing to decide on the eviction.
8. Attend the court hearing
You must attend the court hearing to present your case for possession. The judge will consider the evidence presented by both parties and decide whether to grant you a possession order. If the judge rules in your favor, your tenant will be legally required to vacate the property by a certain date.
9. Enforce the possession order
If your tenant still refuses to leave the property after the court has granted you a possession order, you may need to involve bailiffs to enforce the order. Bailiffs will attend the property and physically remove the tenant if necessary, allowing you to regain possession of your property.
Issuing a Section 21 notice can be a complex and time-consuming process, but by following the correct procedures, you can successfully evict your tenant and regain possession of your property. Make sure you seek legal advice if you are unsure about any aspect of issuing a Section 21 notice to ensure a smooth eviction process.