One of the most common reasons for landlords to evict tenants in the UK is by issuing a Section 21 notice This notice gives the tenant a minimum of two months’ notice to vacate the property without providing a reason for the eviction While it is a straightforward process, it is essential to follow the correct procedures to ensure the notice is valid In this article, we will guide you through the steps of how to issue a Section 21 notice properly.
1 Ensure the Tenancy Is Assured Shorthold Tenancy (AST)
Before issuing a Section 21 notice, you must confirm that the tenancy is an Assured Shorthold Tenancy (AST) A Section 21 notice cannot be used if the tenancy is not an AST, so it is crucial to check the tenancy agreement to verify the type of tenancy.
2 Provide the Required Documents
When issuing a Section 21 notice, you must provide the tenant with specific documents, including a copy of the Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s How to Rent guide Failure to provide these documents can render the Section 21 notice invalid.
3 Ensure the Property Is Licensed
Another essential requirement when issuing a Section 21 notice is that the property must be licensed if it is in a selective licensing area Failure to have the necessary license can prevent you from serving a valid Section 21 notice.
4 Check for Compliance with Deposit Protection Rules
If you have taken a tenancy deposit, you must ensure that it is protected in a government-approved deposit protection scheme Failing to protect the deposit or provide the necessary information to the tenant can result in the Section 21 notice being deemed invalid.
5 how to issue section 21 notice. Determine the Correct Form
There are two types of Section 21 notices: Form 6A for tenancies in England, and Form 6A for tenancies in Wales Make sure you use the correct form when serving the Section 21 notice to avoid any complications.
6 Serve the Section 21 Notice
Once you have completed all the necessary steps above, you can serve the Section 21 notice to the tenant You can do this by delivering the notice in person, sending it by post, or through email if the tenancy agreement allows for electronic communication.
7 Keep Proof of Service
It is crucial to keep proof of how and when the Section 21 notice was served to the tenant You can do this by asking the tenant to sign a receipt or by using a professional process server to deliver the notice Having proof of service can be beneficial if the tenant disputes receiving the notice.
8 Await the Expiry of the Notice Period
After serving the Section 21 notice, you must wait for the minimum notice period of two months to expire before taking any further action If the tenant does not vacate the property voluntarily after the notice period, you may need to apply for a possession order from the court.
In conclusion, issuing a Section 21 notice is a vital step in evicting a tenant in the UK By following the correct procedures and ensuring compliance with all legal requirements, you can avoid delays and complications in the eviction process If you are unsure about how to issue a Section 21 notice, it is advisable to seek legal advice to ensure everything is done correctly.