A Step-by-Step Guide On How To Issue A Section 21 Notice

If you are a landlord and you want to regain possession of your property from your tenants, issuing a Section 21 notice may be the best course of action. A Section 21 notice is a legal document that informs tenants that you want possession of the property back, in accordance with the Housing Act 1988. Issuing this notice can be a complex process, but with the right guidance and knowledge, you can successfully navigate it. Here is a step-by-step guide on how to issue a section 21 notice:

1. Check your eligibility: Before issuing a Section 21 notice, it is important to ensure that you are eligible to do so. You must have protected your tenant’s deposit in a government-approved scheme, provided your tenant with a copy of the property’s Energy Performance Certificate (EPC), and given your tenant a copy of the government’s “How to Rent” guide.

2. Check the type of tenancy: Section 21 notices can only be used for Assured Shorthold Tenancies (ASTs). If your tenant is on a different type of tenancy agreement, you will not be able to issue a Section 21 notice.

3. Provide the correct notice period: The notice period you must provide to your tenant will depend on the terms of the tenancy agreement. If the agreement is periodic, you must give at least two months’ notice. If the agreement has a fixed term, the notice period cannot expire before the end of the fixed term.

4. Prepare the Section 21 notice: The Section 21 notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. You must provide the correct notice period and ensure that the notice contains all the necessary information.

5. Serve the notice correctly: The Section 21 notice must be served to the tenant in the correct manner. You can serve the notice by hand, by post, or by email if the tenant has agreed to receive notices electronically. It is advisable to use a method that provides proof of delivery, such as recorded delivery.

6. Keep a record of service: Once you have served the Section 21 notice, make sure to keep a record of how and when the notice was served. This will be important in case the tenant disputes the notice in the future.

7. 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 action. If the tenant does not vacate the property by the end of the notice period, you will need to apply to the court for a possession order.

Issuing a Section 21 notice can be a complex and time-consuming process, but with the right guidance and attention to detail, you can successfully regain possession of your property from your tenants. By following the steps outlined in this guide, you can navigate the process with confidence and ensure that your rights as a landlord are protected.