If you are a landlord looking to regain possession of your property, issuing a Section 21 notice may be necessary. A Section 21 notice is a legal document that landlords in England can use to evict tenants under an assured shorthold tenancy agreement. It allows landlords to take back possession of their property without having to prove that the tenants have breached the terms of the tenancy agreement. 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, make sure that you have met all the legal requirements. For example, you must have protected the tenant’s deposit in a government-approved scheme, provided the tenant with a copy of the property’s Energy Performance Certificate (EPC), and given the tenant the “How to Rent” guide.
2. Determine the type of tenancy agreement
Make sure that your tenancy agreement is an assured shorthold tenancy (AST) as Section 21 notices can only be used to evict tenants under this type of agreement. If your tenancy agreement is not an AST, you will need to use a different method to evict your tenant.
3. Serve the Section 21 notice
The Section 21 notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. The notice must also specify the date on which you want the tenant to vacate the property, which must be at least two months from the date the notice is served.
4. Calculate the notice period
The notice period for a Section 21 notice is usually two months. However, the tenancy agreement may specify a longer notice period, so make sure to check the terms of the agreement before serving the notice.
5. Serve the notice correctly
To be valid, the Section 21 notice must be served correctly. You can serve the notice by hand, by post, or by email if the tenant has agreed to receive notices electronically. Make sure to keep proof of service, such as a receipt or a record of the email being sent.
6. Wait for the notice to expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action. If the tenant does not vacate the property by the specified date, you can apply to the court for a possession order.
7. Apply to the court for a possession order
If the tenant does not leave the property after the Section 21 notice has expired, you can apply to the court for a possession order. You will need to provide evidence that you have followed all the correct procedures and that the notice was served correctly.
8. Obtain a possession order
If the court is satisfied that you have followed all the correct procedures, they will grant you a possession order. The tenant will be given a deadline by which they must vacate the property, usually within 14 to 28 days.
9. Enforce the possession order
If the tenant still refuses to leave the property after the deadline specified in the possession order, you can apply for a warrant of possession. This allows court bailiffs to evict the tenant and regain possession of the property.
10. Re-let the property
Once you have regained possession of the property, you can re-let it to new tenants. Make sure to check the property and carry out any repairs or maintenance before re-letting it to ensure that it is in a suitable condition for new tenants.
Issuing a Section 21 notice can be a complex process, so it is important to seek legal advice if you are unsure of the correct procedures. By following this step-by-step guide, you can ensure that you are following the correct steps and legal requirements when issuing a Section 21 notice.