If you are a landlord and need to regain possession of your property in England or Wales, issuing a Section 21 notice may be the way to go. A Section 21 notice is a legal document that must be served to tenants if they are on an assured shorthold tenancy and you wish to regain possession of the property at the end of the fixed term.
Issuing a Section 21 notice can be a complex process, but with the right guidance, it can be done efficiently and effectively. Here is a step-by-step guide on how to issue a section 21 notice:
1. Check your tenancy agreement
Before issuing a Section 21 notice, it is important to review your tenancy agreement to ensure that all terms and conditions have been met. Make sure that the fixed term of the tenancy has ended, and that you have provided the tenants with the required documents such as an Energy Performance Certificate, Gas Safety Certificate, and the Government’s How to Rent guide.
2. Provide proper notice
A Section 21 notice must provide a minimum of two months’ notice to the tenants. The notice period must end on the last day of the rental period, which is typically the day before the rent is due. For example, if the rent is due on the 1st of every month, the notice period should end on the 30th or 31st of the month. Make sure that you serve the notice to all tenants named on the tenancy agreement.
3. Use the correct form
To issue a Section 21 notice, you must use the correct form. If your tenancy started on or after October 1, 2015, you will need to use Form 6A. This form can be downloaded from the government’s website or obtained from a legal stationery store. Make sure to fill out the form accurately, including details such as the property address, names of the tenants, and the date the notice is being served.
4. Serve the notice correctly
A Section 21 notice must be served to the tenants in writing. This can be done by hand, by post, or by email if you have stated in the tenancy agreement that this is acceptable. If serving the notice by hand, make sure to get proof of delivery from the tenants. If serving by post, consider sending the notice via recorded delivery to ensure proof of postage. For serving by email, make sure to request a read receipt to confirm that the tenants have received the notice.
5. Keep proper records
It is vital to keep proper records of when and how the Section 21 notice was served. This includes copies of the notice itself, proof of delivery if served by hand, and proof of postage if served by post. Keeping detailed records will help protect you in case the tenants dispute that they received the notice.
6. Consider any additional requirements
In some cases, there may be additional requirements that you need to consider when issuing a Section 21 notice. For example, if you have not protected the tenants’ deposit in a government-approved deposit scheme, you will not be able to issue a Section 21 notice. Make sure to address any outstanding issues before attempting to regain possession of the property.
Issuing a Section 21 notice can be a daunting task, but with proper preparation and attention to detail, it can be done successfully. By following these steps and seeking legal advice if needed, you can navigate the process of issuing a Section 21 notice with confidence.