If you are a landlord wanting to regain possession of your property in England or Wales, issuing a Section 21 notice is an essential step in the process A Section 21 notice is a legal document that informs your tenant of your intention to take back possession of the property at the end of a fixed-term tenancy agreement or during a periodic tenancy Here is a step-by-step guide on how to issue a Section 21 notice effectively.
1 Verify that you can issue a Section 21 notice
Before issuing a Section 21 notice, you must ensure that you have met all the legal requirements This includes providing your tenant with a copy of the government’s “How to Rent” guide, protecting their deposit in a government-approved scheme, and ensuring that the property meets all health and safety requirements.
2 Determine the type of tenancy
It is important to know whether your tenancy agreement is a fixed-term or periodic tenancy before issuing a Section 21 notice For fixed-term tenancies, you can issue the notice within the last two months of the tenancy If your tenancy has become periodic after the fixed term has ended, you can issue the notice at any time.
3 Draft the Section 21 notice
When drafting the Section 21 notice, you must include essential information such as the address of the property, names of the tenants, the date the notice is served, the date the tenant is required to leave, and details of the tenancy agreement You can use a template provided by the government to ensure that all necessary information is included.
4 Serve the notice correctly
To be valid, the Section 21 notice must be served correctly to the tenant You can serve the notice by hand, post, or email if specified in the tenancy agreement It is advisable to use recorded delivery or a reputable delivery service to ensure that the notice is received by the tenant.
5 Keep records of the service
It is essential to keep a record of how and when the Section 21 notice was served to the tenant how to issue section 21 notice. This can include a proof of postage, a signed delivery receipt, or a copy of the email sent Keeping detailed records will help protect you in case of any disputes in the future.
6 Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further legal action The notice period is usually two months, but it may vary depending on the terms of the tenancy agreement It is crucial to respect the tenant’s right to stay in the property until the notice period has ended.
7 Apply to the court for possession (if necessary)
If the tenant fails to vacate the property by the end of the notice period, you may apply to the court for possession This involves submitting the necessary forms and evidence to the court, attending a hearing if required, and obtaining a possession order It is advisable to seek legal advice if you are unfamiliar with the court process.
In conclusion, issuing a Section 21 notice is a crucial step in regaining possession of your property as a landlord By following the steps outlined in this guide, you can ensure that the notice is served correctly and that you comply with all legal requirements Remember to keep detailed records of the service and respect the tenant’s rights throughout the process If you encounter any difficulties, it is recommended to seek legal advice to navigate the process effectively
Issuing a Section 21 notice can be a complex procedure, but with proper guidance and understanding of the process, you can successfully regain possession of your property in a legal and efficient manner.