If you are a landlord looking to evict a tenant from your property in England or Wales, one of the most common routes is by issuing a Section 21 notice. A Section 21 notice is a legal notice that allows you to regain possession of your property without having to establish fault on the part of the tenant. However, issuing a Section 21 notice must be done correctly in order for it to be valid.
Here is a step-by-step guide on how to issue a section 21 notice:
1. Check your eligibility: Before issuing a Section 21 notice, you must ensure that you have met all the legal requirements. These include having protected the tenant’s deposit in a government-approved scheme, providing the tenant with a copy of the latest version of the government’s guide ‘How to Rent’, ensuring that the property meets the required standards, and that you have the correct tenancy agreement in place.
2. Determine the type of tenancy: Section 21 notices can only be used for Assured Shorthold Tenancies (ASTs). If the tenancy is a periodic tenancy, you can issue a Section 21 notice at any time. If the tenancy is a fixed-term tenancy, you can only issue a Section 21 notice after the fixed term has ended.
3. Give the correct notice period: The notice period required for a Section 21 notice will depend on the type of tenancy agreement and when the notice is given. For example, if the tenancy is periodic, you must give the tenant at least two months’ notice. If the tenancy is a fixed-term tenancy, the notice period will be the remaining duration of the fixed term plus an additional two months.
4. Serve the notice correctly: Once you have determined the correct notice period, you must serve the Section 21 notice to the tenant in writing. This can be done by hand, post, or email, as long as you can prove that the tenant has received the notice. It is recommended to use registered post or hand-delivery to ensure that the notice has been received.
5. Use the correct form: When issuing a Section 21 notice, you must use the correct form. In England, the form required is Form 6A, while in Wales, Form 6B must be used. These forms can be downloaded from the government’s website and must be filled out accurately.
6. Keep records: It is important to keep a record of all communications and documents related to the Section 21 notice. This includes proof of service of the notice, a copy of the notice itself, and any correspondence with the tenant regarding the notice.
7. Follow up: After issuing the Section 21 notice, it is important to follow up with the tenant to ensure that they are aware of the notice and understand its implications. You can also use this opportunity to discuss the tenant’s moving-out plans and arrange for a smooth handover of the property.
8. Seek legal advice if needed: Issuing a Section 21 notice can be a complex process, especially if the tenant disputes the notice. If you encounter any difficulties or are unsure of the legal requirements, it is recommended to seek legal advice from a qualified solicitor or housing advisor.
By following these steps, you can issue a Section 21 notice correctly and legally. Remember that issuing a Section 21 notice is a serious matter and must be done in accordance with the law. If you have any doubts or concerns, it is always best to seek professional advice to ensure that your rights as a landlord are protected.