When it comes to being a landlord, there may come a time when you need to issue a Section 21 notice to your tenants This notice is used to inform tenants that their tenancy agreement will be coming to an end and that you wish to regain possession of the property Issuing a Section 21 notice must be done correctly to be legally binding, so it’s essential to follow the proper steps In this article, we will provide you with a step-by-step guide on how to issue a Section 21 notice.
1 Understand the Purpose of a Section 21 Notice
Before issuing a Section 21 notice, it’s crucial to understand its purpose A Section 21 notice is typically used when a landlord wants to evict a tenant at the end of their fixed-term tenancy agreement or during a periodic tenancy It allows landlords to regain possession of their property without proving any fault on the tenant’s part.
2 Ensure the Tenancy Agreement is in Writing
Before issuing a Section 21 notice, you must ensure that the tenancy agreement is in writing If the agreement is not in writing, a Section 21 notice cannot be used The written tenancy agreement should clearly outline the terms and conditions of the tenancy, including the length of the tenancy, rent amount, and any other relevant details.
3 Check that the Property has an Energy Performance Certificate (EPC) and Gas Safety Certificate
Before issuing a Section 21 notice, you must ensure that the property has a valid Energy Performance Certificate (EPC) and Gas Safety Certificate These certificates are legally required for rental properties and must be provided to tenants at the start of the tenancy Without these certificates, you will not be able to issue a valid Section 21 notice.
4 how to issue section 21 notice. Serve the Section 21 Notice in Writing
Once you have met all the necessary requirements, you can proceed to serve the Section 21 notice to your tenants The notice must be served in writing and must include certain information, such as the date the tenant is required to leave the property and any other relevant details It’s essential to ensure that the notice is properly drafted and clearly states the date the tenancy will end.
5 Provide the Correct Notice Period
When issuing a Section 21 notice, you must provide the correct notice period The notice period will depend on the type of tenancy agreement in place:
– For a fixed-term tenancy, the notice period must be at least two months.
– For a periodic tenancy, the notice period must be at least two rental periods (for example, if rent is paid monthly, the notice period must be at least two months).
It’s important to check the terms of the tenancy agreement and ensure that the correct notice period is provided.
6 Use the Correct Form
When issuing a Section 21 notice, you must use the correct form The form used will depend on the type of tenancy agreement in place:
– For an assured shorthold tenancy (AST) in England created on or after 1 October 2015, you must use Form 6A.
– For ASTs in Wales, you must use Form 6A.
It’s essential to use the correct form to ensure that the notice is legally binding.
7 Confirm Receipt of the Notice
Once you have served the Section 21 notice to your tenants, it’s crucial to confirm receipt of the notice You can do this by sending the notice via recorded delivery or by hand-delivering it and obtaining a signature from the tenants This will provide you with proof that the notice has been received by the tenants.
By following these steps, you can issue a Section 21 notice correctly and regain possession of your property legally It’s essential to ensure that you meet all the necessary requirements and provide the correct notice period to avoid any legal complications If you are unsure about how to issue a Section 21 notice, it’s recommended to seek advice from a legal professional.