As a landlord, there may come a time when you need to regain possession of your property from your tenants. Whether it’s due to non-payment of rent, breach of tenancy agreement, or simply because you wish to sell or move back into the property, issuing a section 21 notice is one of the most common ways to do so in England and Wales.
What is a Section 21 notice?
A Section 21 notice, also known as a “no-fault eviction notice,” is a legal document used by landlords to terminate an assured shorthold tenancy (AST) agreement at the end of a fixed term or during a periodic tenancy. It allows the landlord to regain possession of their property without having to provide a reason for wanting the tenants to leave.
When can a Section 21 notice be issued?
In order to issue a valid Section 21 notice, landlords must ensure that certain conditions are met:
– The tenants must have an assured shorthold tenancy (AST) agreement in place.
– The deposit must be protected in a government-approved tenancy deposit scheme.
– The property must have an up-to-date gas safety certificate.
– The tenants must have been provided with the government’s “How to Rent” guide.
– The Section 21 notice must be served correctly, in writing, and give the tenants at least two months’ notice to vacate the property.
How to issue a Section 21 notice
Issuing a Section 21 notice can be a complex process, and it’s important to follow the correct steps to ensure that it is valid. Here’s a step-by-step guide on how to issue a Section 21 notice:
1. Check that you have met all the necessary legal requirements, as mentioned above.
2. Choose the correct form – Form 6A is the standard form for issuing a section 21 notice for properties in England.
3. Fill in the form with all the relevant details, including the date the notice is served, the address of the property, and the date by which the tenants must vacate.
4. Serve the notice to the tenants – this can be done in person, by post, or via email (if specified in the tenancy agreement).
5. Keep a copy of the served notice for your records.
It’s important to note that landlords cannot issue a Section 21 notice within the first four months of the tenancy, and the notice cannot expire before the end of the fixed term of the tenancy agreement.
What happens after issuing a section 21 notice?
Once the Section 21 notice has been served correctly and the two-month notice period has passed, landlords can apply to the court for a possession order if the tenants have not vacated the property. The court will then consider the case and, if all the legal requirements have been met, grant a possession order, allowing the landlord to regain possession of the property.
If the tenants still refuse to leave after the possession order has been granted, landlords may need to apply for a warrant of possession, which allows court bailiffs to physically remove the tenants from the property.
It’s worth noting that there are restrictions on when a Section 21 notice can be issued, such as when the property is in disrepair or if the landlord has failed to provide the tenants with certain information. In such cases, the Section 21 notice may be deemed invalid, and landlords may need to seek legal advice to resolve the situation.
In conclusion, issuing a Section 21 notice can be a necessary but sometimes complex process for landlords looking to regain possession of their property. By following the correct legal requirements and procedures, landlords can ensure that the Section 21 notice is valid and effective in recovering their property.