As a landlord, it’s important to understand the legal procedures involved in ending a tenancy One common way to regain possession of your property is by issuing a Section 21 notice This notice allows you to ask your tenants to vacate the property after a certain period of time, generally two months However, issuing a Section 21 notice must be done correctly to be legally valid In this article, we will walk you through the steps on how to issue a Section 21 notice effectively.
1 Understand the Requirements
Before issuing a Section 21 notice, make sure you have met all the legal requirements These include:
– The tenancy agreement must be an assured shorthold tenancy (AST).
– The deposit must be protected in a government-approved scheme.
– The property must have an up-to-date Gas Safety Certificate.
– A copy of the ‘How to Rent’ guide must have been provided to the tenants.
2 Determine the Validity Date
The first step in issuing a Section 21 notice is to determine the validity date This is the earliest date the notice can expire It must be at least two months from the date the notice is served and coincide with the end of a rental period.
3 Prepare the Notice
Next, you need to prepare the Section 21 notice You can create this yourself using a template or seek the help of a legal professional how to issue section 21 notice. The notice must include the following information:
– The date the notice is served.
– The address of the property.
– The names of the tenants.
– The date the tenancy will end.
– A statement that the landlord is seeking possession of the property under Section 21 of the Housing Act 1988.
4 Serve the Notice
Once you have prepared the Section 21 notice, it’s time to serve it to the tenants You can do this by delivering it in person or sending it through the mail It’s advisable to use recorded delivery to ensure you have proof that the notice was received.
5 Keep Evidence
It’s important to keep evidence that the Section 21 notice was served correctly This could include a copy of the notice, proof of postage, or a record of the date and time the notice was delivered in person.
6 Wait for the Notice to Expire
After serving the Section 21 notice, you must wait for the notice period to expire During this time, you cannot take any further action to evict the tenants If the tenants do not vacate the property by the specified date, you can proceed with seeking a possession order from the court.
Issuing a Section 21 notice can be a complex process, but by following these steps carefully, you can ensure that the notice is legally valid and enforceable Remember to seek legal advice if you are unsure about any aspect of issuing a Section 21 notice.