If you are a landlord looking to gain possession of your property in England, a Section 21 notice is an important tool that you can use A Section 21 notice, also known as an eviction notice, allows landlords to evict tenants under assured shorthold tenancies without having to provide a reason In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice.
Step 1: Review the Tenancy Agreement
Before issuing a Section 21 notice, it is important to review the tenancy agreement to ensure that all terms and conditions have been met Make sure that the fixed term of the tenancy has expired or is coming to an end soon Also, ensure that you have complied with all statutory requirements such as providing the tenant with a copy of the government’s “How to Rent” guide and protecting their deposit in a government-approved scheme.
Step 2: Provide Proper Notice
In order to issue a Section 21 notice, you must provide your tenant with at least two months’ notice in writing This notice period must end on the last day of the tenancy period, which is usually the date the rent is due Be sure to include specific details such as the property address, the date the notice is served, and the date on which the tenant is required to vacate the property.
Step 3: Complete the Section 21 Form
To issue a Section 21 notice, you must complete Form 6A, which is the prescribed form for giving notice under Section 21 of the Housing Act 1988 This form can be downloaded from the government’s website or obtained from a stationery store Fill in all the required fields accurately and double-check for any errors before serving the notice to the tenant.
Step 4: Serve the Notice
Once you have completed Form 6A, you must serve the Section 21 notice to the tenant You can do this by either delivering it in person or sending it by post If you choose to deliver it in person, you should ask the tenant to sign a receipt to acknowledge that they have received the notice how to issue section 21. If you opt to send it by post, consider using a tracked delivery service to ensure that the notice reaches the tenant.
Step 5: Keep a Record
It is crucial to keep a record of when and how you served the Section 21 notice to the tenant Make a note of the date you delivered it in person or sent it by post, as well as any correspondence you receive from the tenant in response to the notice This will help you in case you need to prove in court that you have followed the correct procedures in issuing the notice.
Step 6: Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the two-month notice period to expire before taking any further action During this time, you should not harass or intimidate the tenant in any way, as this could be considered illegal eviction Be patient and allow the tenant to vacate the property voluntarily before considering other options.
Step 7: Seek Legal Advice if Necessary
If the tenant fails to vacate the property after the notice period has expired, you may need to seek legal advice to proceed with the eviction process This could involve applying to the court for a possession order or seeking the services of a bailiff to physically remove the tenant from the property Make sure to follow the correct legal procedures to avoid any delays or complications in regaining possession of your property.
In conclusion, issuing a Section 21 notice is a straightforward process that allows landlords to gain possession of their property without giving a reason By following the steps outlined in this guide, you can ensure that you have followed the correct procedures and are in compliance with the law Remember to review the tenancy agreement, provide proper notice, complete the Section 21 form, serve the notice, keep a record, wait for the notice period to expire, and seek legal advice if necessary By doing so, you can successfully issue a Section 21 notice and regain possession of your property.