If you are a landlord in England and want to regain possession of your property from your tenants, you can issue a Section 21 notice This notice is issued under the Housing Act 1988 and is a legal document that informs the tenant that you want to take possession of your property after the end of the tenancy.
Issuing a Section 21 notice can be a complicated process, and failure to follow the correct procedure can result in the notice being invalidated Therefore, it is essential to understand the right steps to take to ensure that the process is done correctly.
Here’s a comprehensive guide on how to issue a Section 21 notice:
1 Check Whether You Can Use a Section 21 Notice
Before issuing a Section 21 notice, you should check whether you can use it This notice can only be used if:
– The tenancy is an assured shorthold tenancy (AST)
– The tenant has no rent arrears or breached any terms or conditions of the tenancy agreement
– You have protected the tenant’s deposit in a government-approved scheme
– You have given the tenant a valid gas safety certificate and an Energy Performance Certificate (EPC)
2 Provide Your Tenant with a Written Notice
You are required to provide a written notice to the tenant before you can issue a Section 21 notice This notice is known as a ‘notice of possession,’ and it must specify the date when you require the property back.
You can provide this notice either in person or by post, and you should ask the tenant to sign a copy as evidence that they have received it.
3 Issue the Section 21 Notice
After providing a notice of possession, you can issue a Section 21 notice This notice must be in writing and include the following information:
– The address of the property
– The date the notice is served
– The date the tenant must leave the property (this cannot be before the end of the tenancy agreement)
– A warning that you may apply to the court for possession of the property if the tenant does not leave by the specified date
You can issue this notice either by post or in person If you post the notice, you must allow for postage time, and you should use recorded delivery or another tracked delivery service as evidence of the notice being received.
4 how to issue section 21 notice. Serve the Section 21 Notice Correctly
You must serve the Section 21 notice correctly to ensure that it is valid There are two methods for serving the notice, and you must use one of them:
– Hand delivery – You can serve the notice by handing it to the tenant in person.
– Postal delivery – You can post the notice to the tenant’s last known address The notice is deemed to be served on the second day after it is posted.
You should keep proof of service, such as a certificate of posting or a signed receipt, as evidence that the notice has been served correctly.
5 Take Legal Action If Required
If the tenant does not leave the property by the date specified on the notice, you can take legal action to regain possession of your property This requires an application to court, and you will need to provide evidence that you have followed the correct procedure.
If the court agrees that you have followed the correct process, they will issue a possession order, and the tenant will have to vacate the property If the tenant still refuses to leave, you can apply for a warrant of eviction, which allows a bailiff to remove the tenant from the property forcibly.
Final Thoughts
Issuing a Section 21 notice can be a complex process, but this guide has hopefully helped you understand the correct procedure to follow Failure to follow the correct steps can result in the notice being invalidated, resulting in you being unable to regain possession of your property.
Remember to check that you can use a Section 21 notice, provide your tenant with written notice, issue the Section 21 notice correctly, and serve it correctly If your tenant does not leave the property by the specified date, you can take legal action to regain possession.
If you are unsure about any aspect of this process, it is advisable to seek legal advice from a specialist property solicitor This will ensure that you follow the correct procedure, and everything is completed correctly.