If you are a landlord and your tenant is not fulfilling their contractual obligations, you may need to take legal action to regain possession of your property One common way to do this is by issuing a Section 21 notice A Section 21 notice is a legal document that notifies the tenant that you wish to regain possession of the property at the end of the tenancy agreement In this article, we will guide you through the process of obtaining a Section 21 notice.
1 Understand the requirements: Before you can issue a Section 21 notice, you must ensure that you have met all the legal requirements This includes providing the tenant with a copy of the Energy Performance Certificate, the Gas Safety Certificate, and the How to Rent guide You must also ensure that the tenant’s deposit is protected in a government-approved scheme.
2 Choose the appropriate type of tenancy: The type of tenancy agreement you have with your tenant will determine whether you can issue a Section 21 notice You can only issue a Section 21 notice if your tenant has an assured shorthold tenancy (AST) If your tenant has a different type of tenancy, such as an assured or regulated tenancy, you will need to seek legal advice on the appropriate course of action.
3 Serve the notice correctly: To issue a Section 21 notice, you must serve the notice on your tenant in writing The notice must also be in the correct form – either a Section 21 notice (Form 6A) for properties in England or a Section 21 notice (Form 6) for properties in Wales You can serve the notice by handing it to the tenant in person, sending it by first-class post, or emailing it if the tenant has agreed to receive notices electronically.
4 Give the correct notice period: The notice period required for a Section 21 notice will depend on the terms of the tenancy agreement how to get a section 21 notice. If the tenancy is periodic (rolling month-to-month), you must give the tenant at least two months’ notice If the tenancy has a fixed term, you must wait until the fixed term has ended before issuing the notice It is important to note that the notice period cannot end before the end of the fixed term, even if two months’ notice has been given.
5 Consider any changes due to COVID-19: The rules around Section 21 notices have been temporarily changed due to the COVID-19 pandemic Depending on when the tenancy started, you may need to provide six months’ notice instead of the usual two months Be sure to check the latest guidance from the government to ensure you are adhering to the correct notice period.
6 Keep records: It is essential to keep copies of all communications and documents related to the Section 21 notice This includes the notice itself, proof of service, and any correspondence with the tenant regarding the notice Keeping thorough records will help protect you in case the matter escalates to court.
7 Seek legal advice if necessary: Issuing a Section 21 notice can be a complex and time-consuming process, especially if the tenant disputes the notice If you are unsure about any aspect of issuing a Section 21 notice, it is advisable to seek legal advice from a solicitor or housing law specialist They can provide guidance on the correct procedures to follow and help you navigate any legal challenges that may arise.
In conclusion, getting a Section 21 notice involves understanding the legal requirements, choosing the right type of tenancy, serving the notice correctly, giving the correct notice period, considering any changes due to COVID-19, keeping thorough records, and seeking legal advice if necessary By following these steps, you can ensure that the process of obtaining a Section 21 notice is carried out smoothly and efficiently.