If you are a landlord looking to regain possession of your property from your tenant, issuing a Section 21 notice is a crucial step in the process A Section 21 notice is commonly used by landlords in England to end an Assured Shorthold Tenancy (AST) and ask the tenant to vacate the property In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice effectively.
1 Ensure that you comply with the legal requirements
Before issuing a Section 21 notice, it is important to ensure that you comply with all the legal requirements This includes ensuring that your tenant has a valid AST, that you have protected their deposit in a government-approved scheme, and that you have provided them with all the required documents such as the Gas Safety Certificate, Energy Performance Certificate, and the How to Rent Guide.
2 Determine the type of Section 21 notice to issue
There are two types of Section 21 notices that you can issue: a Section 21(1) notice and a Section 21(4) notice The type of notice you issue will depend on the terms of the tenancy agreement and whether the fixed term of the tenancy has ended If the fixed term of the tenancy has ended and the tenancy has become a periodic tenancy, you will need to issue a Section 21(4) notice If the fixed term of the tenancy has not yet ended, you will need to issue a Section 21(1) notice.
3 Draft the Section 21 notice
Once you have determined the type of Section 21 notice to issue, you will need to draft the notice The Section 21 notice must include certain information such as the date on which you want the tenant to vacate the property, the address of the property, and your full name and address as the landlord It is important to ensure that the notice is clear and concise to avoid any confusion.
4 how to issue section 21 notice. Serve the Section 21 notice
After drafting the Section 21 notice, you will need to serve it on your tenant The notice can be served in person, by post, or by email if the terms of the tenancy agreement allow for it It is recommended to use a method of service that provides proof of postage or delivery to ensure that the notice has been served correctly.
5 Keep records of serving the Section 21 notice
It is important to keep records of serving the Section 21 notice in case you need to provide evidence of service in the future This can include keeping a copy of the notice, proof of postage or delivery, and any correspondence with the tenant regarding the notice.
6 Wait for the required notice period to expire
Once you have served the Section 21 notice, you will need to wait for the required notice period to expire before taking any further action The required notice period is usually two months, but this can vary depending on the terms of the tenancy agreement and the type of Section 21 notice issued.
7 Apply to the court for a possession order
If the tenant does not vacate the property after the expiry of the notice period, you can apply to the court for a possession order The court will review the case and if satisfied, they will issue a possession order that allows you to take possession of the property.
In conclusion, issuing a Section 21 notice is a critical step in the process of regaining possession of your property as a landlord By following the steps outlined in this guide, you can effectively issue a Section 21 notice and take the necessary steps to regain possession of your property.