A Complete Guide On How To Issue A Section 21 Notice

As a landlord, issuing a Section 21 notice is an important step in the process of evicting a tenant from your property. A Section 21 notice is a legal document that gives the tenant notice that you wish to regain possession of your property.

Here is a step-by-step guide on how to issue a section 21 notice:

1. Check that you have the right to issue a Section 21 notice.

Before issuing a Section 21 notice, you must ensure that you have the legal right to do so. You can issue a Section 21 notice if your tenant has an assured shorthold tenancy (AST). You must also have protected your tenant’s deposit in a government-approved scheme and provided them with the necessary documents, such as an Energy Performance Certificate and gas safety certificate.

2. Check that the tenancy agreement is valid.

Make sure that the tenancy agreement is valid and up to date. Ensure that you have not breached any terms of the agreement, as this could invalidate your right to issue a Section 21 notice.

3. Provide the required notice period.

You must give your tenant at least two months’ notice in writing before the end of the fixed term of the tenancy. If the tenancy is periodic, the notice period may vary, depending on the terms of the agreement.

4. Use the correct form.

When issuing a Section 21 notice, you must use the correct form. There are two types of Section 21 notice forms: Form 6A for properties in England and Form 6A for properties in Wales. Make sure you use the correct form for your location.

5. Serve the notice correctly.

Once you have completed the form, you must serve it on your tenant correctly. You can serve the notice either in person or by post. If you choose to serve the notice by post, make sure to use recorded delivery to ensure that it is received.

6. Keep a record of serving the notice.

After serving the notice, make sure to keep a record of the date and method of service. This will be important if you need to prove that the notice was served correctly in the future.

7. 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. During this time, your tenant has the right to stay in the property and can only be evicted through legal proceedings.

8. Consider seeking legal advice.

If your tenant does not vacate the property after the notice period has expired, you may need to seek legal advice to start eviction proceedings. It is important to follow the correct legal procedures to avoid any delays or complications in evicting your tenant.

In conclusion, issuing a Section 21 notice is a necessary step in the process of evicting a tenant from your property. By following the steps outlined in this guide, you can ensure that the notice is issued correctly and legally. Remember to always check your rights as a landlord and seek legal advice if needed to avoid any unnecessary complications in the eviction process.