If you are a landlord looking to regain possession of your property from your tenants, issuing a Section 21 notice is an essential step in the process. A Section 21 notice, also known as a “no-fault eviction” notice, allows you to ask your tenants to vacate the property at the end of their tenancy agreement without providing a reason.
Here is a step-by-step guide on how to issue a section 21 notice:
1. Check if you can issue a Section 21 notice
Before issuing a Section 21 notice, you must ensure that you have complied with all the legal requirements. This includes protecting the tenant’s deposit in a government-approved scheme, serving the tenants with a valid gas safety certificate, and providing them with a copy of the property’s Energy Performance Certificate (EPC) and the government’s “How to Rent” guide.
2. Serve a valid Section 21 notice
To serve a valid Section 21 notice, you must use the correct form. In England, landlords must use form 6A to issue a Section 21 notice under the Housing Act 1988. The notice must be in writing and clearly state that it is a Section 21 notice seeking possession of the property.
3. Provide the correct notice period
The notice period you must give your tenants depends on whether the tenancy agreement is periodic or fixed-term. For a fixed-term tenancy, you must give at least two months’ notice. For a periodic tenancy, you must give a minimum of two rental periods. The notice period must end on the last day of the tenancy period.
4. Confirm receipt of the notice
Once you have served the Section 21 notice to your tenants, it is essential to keep a record of how and when the notice was served. You can serve the notice in person, by post, or via email if the tenancy agreement allows electronic communication. If the notice is served through the post, it is advisable to use recorded delivery to prove that the tenant received the notice.
5. Seek a possession order from the court
If the tenant does not vacate the property by the end of the notice period, you can apply for a possession order from the court. You must provide evidence that you have followed the correct procedure and served a valid Section 21 notice. The court will then issue a possession order, allowing you to evict the tenants if they fail to leave voluntarily.
6. Evict the tenants if necessary
If the tenants still refuse to vacate the property after the court issues a possession order, you may need to seek the help of court bailiffs to enforce the eviction. The bailiffs will physically remove the tenants from the property, allowing you to regain possession legally.
7. Return the tenant’s deposit
Once the tenants have vacated the property, you must return their deposit within 10 days of the tenancy ending. If there are any deductions to be made, you must provide the tenants with a detailed explanation of the reasons for the deductions and any remaining balance.
In conclusion, issuing a Section 21 notice is a crucial step in regaining possession of your property as a landlord. By following the above step-by-step guide, you can ensure that you comply with all legal requirements and successfully remove your tenants from the property. Remember to always seek legal advice if you are unsure about the process or encounter any difficulties along the way.