As a landlord, it is important to be aware of the legal procedures involved in terminating a tenancy One such procedure is issuing a Section 21 notice, which allows you to regain possession of your property at the end of a fixed-term tenancy agreement However, issuing a Section 21 notice must be done correctly to avoid any issues later on Here is a step-by-step guide on how to issue a Section 21 notice:
1 Ensure Your Tenancy Agreement Is in Order
Before issuing a Section 21 notice, it is crucial to ensure that your tenancy agreement is in order This means that the agreement should be in writing, signed by both parties, and contain all the necessary terms and conditions of the tenancy Make sure that the agreement clearly states the start and end dates of the tenancy, the amount of rent to be paid, and any other relevant terms.
2 Serve the Prescribed Information
Under the Deregulation Act 2015, landlords are required to provide tenants with certain information before issuing a Section 21 notice This includes a valid Energy Performance Certificate (EPC), a gas safety certificate (if applicable), and the government’s “How to Rent” guide Make sure to serve this prescribed information to your tenant before issuing the Section 21 notice.
3 Choose the Correct Section 21 Notice Form
There are two types of Section 21 notice forms that can be used depending on the type of tenancy agreement in place Form 6A should be used for assured shorthold tenancies that started on or after 1 October 2015, while Form 6 should be used for tenancies that started before this date Make sure to use the correct form to avoid any complications with the notice.
4 Specify the Correct Notice Period
The notice period required for a Section 21 notice will depend on the type of tenancy agreement in place how to issue section 21 notice. For a fixed-term assured shorthold tenancy, the notice period is usually two months, while for a periodic tenancy, it is usually two rental periods Make sure to specify the correct notice period in the Section 21 notice to comply with the law.
5 Serve the Section 21 Notice Correctly
Once you have completed the Section 21 notice form, you must serve it correctly to your tenant The notice can be served in person, by post, or by email if this is allowed under the tenancy agreement Make sure to keep proof of service such as a witness statement or certificate of posting to confirm that the notice has been served.
6 Consider Any Additional Requirements
In some cases, there may be additional requirements that need to be met before issuing a Section 21 notice For example, if your property is in a selective licensing area, you may need to obtain a licence before serving the notice Make sure to check if there are any additional requirements that apply to your property before issuing the notice.
7 Keep Records of the Notice
It is important to keep records of the Section 21 notice and proof of service for your own records This will be useful in case there are any disputes with the tenant later on Make sure to keep copies of all documents related to the notice in a safe place.
Overall, issuing a Section 21 notice requires careful attention to detail to ensure that the process is carried out correctly By following the steps outlined in this guide, you can issue a Section 21 notice effectively and regain possession of your property in compliance with the law.