As a landlord, issuing a section 21 notice is an important step in the process of evicting a tenant. A section 21 notice is used to end an assured shorthold tenancy and requires the tenant to vacate the property at the end of the notice period, which is usually two months. 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 the legal right to do so. To issue a section 21 notice, the tenancy must be an assured shorthold tenancy, the fixed term of the tenancy must have ended, and you must have protected the tenant’s deposit in a government-approved scheme.
2. Provide the tenant with the relevant information
Before issuing a section 21 notice, you must provide the tenant with certain information, including a copy of the government’s “How to Rent” guide, a copy of the Energy Performance Certificate for the property, and a copy of the gas safety certificate if the property has gas appliances.
3. Choose the right form
There are two different forms that can be used to issue a section 21 notice: Form 6A for properties in England and Form 6A for properties in Wales. Make sure you use the correct form for the property you are letting.
4. Fill out the form correctly
When filling out the form, make sure to include all the necessary information, such as the tenant’s name, address, and the date the tenancy began. You should also specify the date you want the tenant to vacate the property, which must be at least two months from the date the notice is served.
5. Serve the notice correctly
Once the form is filled out, you must serve the section 21 notice on the tenant in the correct manner. This can be done by either handing it to the tenant in person, sending it by first-class post, or sending it via email if the tenancy agreement allows for electronic communication.
6. Keep proof of service
It is important to keep proof of how the section 21 notice was served on the tenant. If you served the notice in person, you should ask the tenant to sign and date a copy of the notice as proof that they received it. If you served the notice by post, you should keep a copy of the postage receipt.
7. Wait for the notice period to expire
Once the section 21 notice has been served on the tenant, you must wait for the notice period to expire. The notice period is usually two months, but it can be longer if the tenancy agreement specifies a longer notice period.
8. Apply to the court for possession
If the tenant has not vacated the property by the end of the notice period, you can apply to the court for possession. You will need to fill out a possession claim form and pay a fee to start the court proceedings.
9. Attend the court hearing
Once the possession claim form has been submitted, a court hearing will be scheduled. Both you and the tenant will be required to attend the hearing, where the judge will decide whether to grant possession of the property to you.
10. Obtain a possession order
If the judge decides in your favor, they will grant you a possession order, which gives the tenant a deadline by which they must vacate the property. If the tenant fails to vacate the property by the deadline specified in the possession order, you can apply to the court for a bailiff to evict them.
In conclusion, issuing a section 21 notice is a crucial step in the process of evicting a tenant. By following the steps outlined above and ensuring that you comply with all legal requirements, you can successfully evict a tenant from your property. It is important to seek legal advice if you are unsure about any aspect of issuing a section 21 notice to avoid any potential complications in the eviction process.