One of the most important aspects of being a landlord is knowing how to properly issue a Section 21 notice This notice is a legal requirement when you want to evict your tenants without giving a reason Issuing a Section 21 notice can be a complex process, so it is crucial to follow the correct steps to ensure that the eviction is carried out legally and smoothly
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 need to make sure that you have the legal right to do so You can issue a Section 21 notice if your tenants have assured shorthold tenancy and the fixed term of the tenancy has ended You cannot issue a Section 21 notice if your tenants have a periodic or rolling tenancy, or if the fixed term of the tenancy has not yet ended.
2 Provide the required documents
When issuing a Section 21 notice, you must provide your tenants with a copy of the following documents:
– A copy of the tenancy agreement
– The Energy Performance Certificate (EPC) for the property
– The gas safety certificate (if applicable)
– The government’s “How to rent” guide
3 Check the notice period
The notice period for a Section 21 notice is usually two months However, you must ensure that you give your tenants the correct notice period based on their tenancy agreement If your tenants have a periodic tenancy, the notice period may vary
4 Use the correct form
To issue a Section 21 notice, you must use the correct form You can use Form 6A to issue a Section 21 notice in England how to issue section 21 notice. Make sure to fill out the form accurately and provide all the necessary information.
5 Serve the notice correctly
Once you have filled out the form, you must serve the notice to your tenants correctly You can serve the notice by post or in person If you are serving the notice by post, make sure to send it by recorded delivery so that you can prove that your tenants have received the notice
6 Keep records
It is important to keep records of when and how you served the Section 21 notice to your tenants This will be crucial if you need to prove that you have followed the correct procedures in the event of a dispute.
7 Wait for the notice period to end
After serving the Section 21 notice, you must wait for the notice period to end before taking any further action During this time, you should not harass or intimidate your tenants in any way.
8 Apply to the court
If your tenants do not vacate the property after the notice period has ended, 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 you have a valid reason for wanting to evict your tenants.
Issuing a Section 21 notice can be a daunting task for landlords, but by following the above steps, you can ensure that the process is carried out legally and effectively Remember to always seek legal advice if you are unsure about any aspect of issuing a Section 21 notice.