A Section 21 notice is an important legal document used by landlords to end an assured shorthold tenancy in England It allows landlords to regain possession of their property without providing a specific reason, as long as certain conditions are met Understanding how to issue a Section 21 notice correctly is crucial for landlords seeking to regain possession of their property In this article, we will guide you through the necessary steps to issue a Section 21 notice effectively.
Before beginning the process of issuing a Section 21 notice, it is essential to ensure that the tenancy is an assured shorthold tenancy (AST) This type of tenancy is the most common in England and Wales and applies to most residential tenancies, including those where the tenant pays rent monthly It is important to note that there are some exceptions, such as tenancies that started before 15 January 1989, social housing, or tenant agreements with a fixed term of less than six months.
To issue a valid Section 21 notice, landlords must adhere to certain requirements:
1 Check the validity of the tenancy deposit protection: If you took a tenancy deposit for the AST, it must be protected in a government-approved scheme Ensure that you have met all necessary requirements regarding deposit protection.
2 Provide the tenant with copies of essential documents: Before issuing a Section 21 notice, you must have provided the tenant with a copy of the government’s “How to rent: the checklist for renting in England” document and an Energy Performance Certificate (EPC), which rates the energy efficiency of the property.
3 Serve the notice in writing: It is essential to serve the Section 21 notice in writing to the tenant This can be done by sending it through the mail, a process server, or by delivering it in person (with a witness present) Make sure to keep a copy of the notice and evidence of it being served for your records.
4 Include the correct notice period: The notice period you provide in the Section 21 notice depends on the type of tenancy agreement and when it started For most ASTs, the notice period is currently a minimum of four months how to issue section 21 notice. However, during the COVID-19 pandemic, temporary legislation may affect the notice period required Consult the latest government guidelines to determine the appropriate period.
5 Use the correct form: There are two forms that can be used to issue a Section 21 notice: Form 6A and Form 3, depending on the specific circumstances Form 6A is the most commonly used form for ASTs and should be used if the tenancy began after 30 September 2015 Form 3 is used for older tenancies Ensure that you are using the correct form and that it is correctly filled out with all the required information.
6 Seek legal advice if necessary: If you are unsure about any aspect of issuing a Section 21 notice, it is advisable to seek legal advice This will help ensure that you are following the correct procedures and complying with all legal requirements.
Remember, issuing a Section 21 notice does not mean that the tenancy automatically ends If the tenant does not voluntarily vacate the property by the date specified in the notice, you will need to apply to the court for a possession order Depending on the circumstances, this may lead to a court hearing, and it is recommended to seek legal advice during this process as well.
In conclusion, understanding how to issue a Section 21 notice correctly is crucial for landlords seeking to regain possession of their property By following the steps outlined in this article, you can ensure that you are complying with the relevant legal requirements and increasing the likelihood of a successful possession Remember to always stay up to date with the latest regulations and seek legal advice when necessary.
