If you’re a landlord looking to end a tenancy agreement with your tenant, issuing a Section 21 notice may be the most effective way to do so A Section 21 notice, also known as a “no-fault eviction”, allows landlords to regain possession of their property without having to provide any reason for doing so However, issuing a Section 21 notice must be done correctly in order to be legally valid In this guide, we will walk you through the process of issuing a Section 21 notice step-by-step.
1 Check your eligibility
Before issuing a Section 21 notice, it’s important to ensure that you are eligible to do so You can issue a Section 21 notice if your tenancy is an assured shorthold tenancy (AST) and your tenants have been provided with a copy of the government’s “How to Rent” guide Additionally, you must have protected your tenant’s deposit in a government-approved scheme and have provided them with the necessary documentation.
2 Give the required notice period
In order to issue a Section 21 notice, you must provide your tenants with a minimum of two months’ notice The notice period must end on the last day of the tenancy agreement, which is typically when the rent is due It’s important to note that the notice period cannot expire before the fixed term of the tenancy agreement ends.
3 Draft the Section 21 notice
The Section 21 notice must be in writing and include certain key information, such as the date the notice is served, the full address of the rental property, the names of the tenants, and the date the notice is to take effect You can use a template provided by the government to ensure that you include all the necessary information in your notice.
4 Serve the notice to your tenants
Once you have drafted the Section 21 notice, you must serve it to your tenants in the correct manner how to issue a section 21. The notice can be served in person, by post, or by email if your tenancy agreement allows for it It’s important to keep proof of service, such as a signed acknowledgment of receipt or a certificate of posting, in case you need to prove that the notice was served.
5 Consider any additional requirements
In some cases, there may be additional requirements that you need to fulfill in order to issue a valid Section 21 notice For example, if your property is subject to selective licensing or if it is an HMO (house in multiple occupation), you may need to obtain a license before you can issue a Section 21 notice Make sure to check the requirements in your local area to ensure that you are compliant.
6 Wait for the notice period to expire
After serving the Section 21 notice to your tenants, you must wait for the notice period to expire before you can take any further action If your tenants do not vacate the property by the end of the notice period, you may need to apply to the court for a possession order in order to regain possession of your property.
7 Apply to the court for a possession order
If your tenants do not vacate the property by the end of the notice period, you can apply to the court for a possession order You will need to provide the court with evidence that you have followed the correct procedures in issuing the Section 21 notice, such as proof of service and a copy of the tenancy agreement The court will then set a date for a hearing to determine whether you are entitled to possession of the property.
Issuing a Section 21 notice can be a complex and time-consuming process, but by following the steps outlined in this guide, you can ensure that you are taking the correct legal steps to regain possession of your property Make sure to seek legal advice if you are unsure about any aspect of issuing a Section 21 notice, as mistakes can be costly and delay the eviction process.