If you are a landlord looking to gain possession of your property in England, issuing a Section 21 notice may be the right course of action for you A Section 21 notice, also known as a no-fault eviction notice, allows landlords to end a tenancy agreement without providing a specific reason However, it is essential to follow the correct procedures when issuing a Section 21 notice to ensure that it is valid and legally enforceable In this article, we will walk you through the steps involved in issuing a Section 21 notice.
1 Check that you are eligible to issue a Section 21 notice
Before issuing a Section 21 notice, you must ensure that you are eligible to do so The following criteria must be met:
– The tenancy must be an assured shorthold tenancy (AST).
– The deposit must be protected in a government-approved scheme and the prescribed information must have been provided to the tenant.
– The property must have a valid gas safety certificate.
– The tenant must have been provided with an up-to-date copy of the government’s “How to Rent” guide.
If these requirements are not met, you will not be able to issue a valid Section 21 notice.
2 Serve the Section 21 notice correctly
To issue a Section 21 notice, you must serve a written notice to the tenant The notice must be in the prescribed form (Form 6A) and give the tenant at least two months’ notice to vacate the property It is essential to ensure that the notice is served correctly to avoid any delays or challenges from the tenant.
The Section 21 notice can be served in the following ways:
– By hand delivery
– By first-class post
– By email (if the tenant has agreed to receive documents electronically)
It is recommended to use recorded delivery or obtain proof of postage when serving the notice to have evidence that it was sent to the tenant.
3 Keep records of service
Once the Section 21 notice has been served, it is crucial to keep records of the service This includes keeping a copy of the notice, proof of service, and any correspondence with the tenant regarding the notice These records will be valuable in case of any disputes or challenges to the eviction.
4 how do i issue a section 21 notice. 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 The notice period is usually two months, but it may be longer in certain circumstances It is important to be patient and not attempt to evict the tenant before the notice period has ended, as this could be deemed illegal.
5 Apply to the court for a possession order
If the tenant does not vacate the property after the notice period has ended, you can apply to the court for a possession order You will need to complete the relevant court forms and pay the necessary court fees The court will then schedule a hearing to review the case and decide whether to grant a possession order.
It is crucial to provide the court with all relevant documents, including the Section 21 notice, the tenancy agreement, and proof of service Failure to do so could result in delays or the case being dismissed.
6 Obtain a warrant for possession
If the court grants a possession order, but the tenant still refuses to leave the property, you can apply for a warrant for possession The warrant gives you the legal right to instruct bailiffs to evict the tenant forcibly However, it is essential to follow the correct procedures when instructing bailiffs to avoid any potential legal issues.
In conclusion, issuing a Section 21 notice can be a complex process that requires careful attention to detail and adherence to legal requirements By following the steps outlined in this article, you can ensure that your Section 21 notice is valid and legally enforceable, allowing you to regain possession of your property efficiently and legally.