If you are a landlord, eventually, you will have to issue a Section 21 notice. This notice is one of the most common legal documents used by landlords to evict tenants, often relying on a “no-fault” ground. However, it must be issued correctly, or your efforts may be wasted. Below, we will provide you with a complete guide on how to issue section 21 notice correctly.
What is a Section 21 Notice?
As a landlord, it is your legal right to evict a tenant if required. A section 21 notice is a legal document used to notify tenants that you want to regain possession of the property. This document is unique because it does not require any justification. Therefore, you do not have to prove that the tenant has breached any terms of the tenancy agreement or is to blame.
What Should be Included in a Section 21 Notice?
To issue Section 21 Notice, you should:
– Specify in the notice that it is a section 21 notice, and indicate the date on which the notice is served.
– Provide the full address of the property that you want to regain possession of.
– Indicate the date on which the tenant should leave the property.
– Advise the tenant that they have the right to challenge the notice in court.
Additionally, you may need to give your tenant a copy of the Energy Performance Certificate (EPC) and Gas Safety Certificate.
When Can a Section 21 Notice be Served?
As a landlord, you cannot serve a Section 21 Notice until the tenancy has reached its termination date. Typically, a tenancy is fixed for six or twelve months. After its fixed term, the tenancy then continues as a rolling periodic tenancy. In this situation, you can give your tenant two months’ notice without stating any reason.
It is essential to note that if your tenant is in rent arrears, you will have to take additional steps to recover payment.
How to Serve a Section 21 Notice?
The notice has to be served on the tenant in writing. It can either be sent to the tenant by post, hand delivered to them, or sent as an email. When it comes to serving your tenant with notice, it’s essential to take a few steps to ensure that the notice is served correctly.
Firstly, make sure that the tenant receives the notice. If you are serving the notice in person, ensure that you give the tenant a copy and that they accept it. If you are posting it, make sure that you use a service that requires a signature as proof of delivery. Additionally, if you are using email, ensure that the tenant acknowledges receipt of the email.
It is always worthwhile making sure you have a solid paper trail. Keep copies of all correspondence and be sure of any agreement you are entering with tenants.
What Happens After a Section 21 Notice is Served?
If the tenant does not leave the property voluntarily, you may have to apply to the court to ensure that they vacate the premises. A landlord cannot evict a tenant without a court order. Once the notice has expired, and the tenant is still on the property, you can apply to the court to obtain a possession order. If the tenant refuses to leave, you may need to enlist the services of bailiffs to ensure that they vacate the premises.
Conclusion
Issuing Section 21 Notice can be a complex process, requires compliance with numerous legal requirements. As a landlord, it is essential to seek legal advice and ensure that you follow the correct procedure. An incorrectly worded notice could render it a nullity, so it’s essential to know what you are doing.
Furthermore, in some circumstances, such as during the COVID-19 pandemic, there are rules in place that a landlord must follow. For example, temporary changes to the law because of the pandemic modified eviction proceedings under Section 21 notice, meaning you should keep an eye out for any new directives that may be in place.
In summary, ending a tenancy requires specific legal processes and following these is crucial to avoid any legal consequences. It is essential that you educate yourself thoroughly on these procedures so you can act with confidence and are not left vulnerable to any wrongful eviction claims by the tenant.