Landlords have the legal right to evict tenants from their properties for various reasons One of the most common ways to evict a tenant in England and Wales is by issuing a Section 21 notice This notice is also known as a “no-fault” eviction as it does not require the landlord to provide a reason for wanting the tenant to leave If you are a landlord looking to evict a tenant using a Section 21 notice, here is a comprehensive guide on how to issue one.
1 Understand the Legal Requirements
Before issuing a Section 21 notice, it is essential to understand the legal requirements that must be met Firstly, the tenancy must be an assured shorthold tenancy (AST), and the tenant’s deposit must be protected in a government-approved scheme Additionally, the landlord must have provided the tenant with a copy of the “How to Rent” guide, a valid Energy Performance Certificate (EPC), and a Gas Safety Certificate.
2 Check the Notice Period
The notice period required for a Section 21 notice depends on the type of tenancy agreement in place For a periodic tenancy, the notice period is typically two months However, if the fixed-term tenancy has expired and the tenancy has become a statutory periodic tenancy, the notice period may vary It is crucial to check the terms of the tenancy agreement and the relevant legislation to determine the correct notice period.
3 Prepare the Section 21 Notice
To issue a Section 21 notice, you must provide the tenant with a written notice that complies with the legal requirements The notice must include the date on which the tenant is required to leave the property, which should not be earlier than the end of the fixed-term tenancy or the notice period stated in the agreement The notice must also inform the tenant of their right to challenge the eviction in court.
4 how to issue section 21. Serve the Section 21 Notice
Once the Section 21 notice has been prepared, it must be served on the tenant in the correct manner The notice can be served in person, sent by post, or delivered electronically if the tenant has agreed to this method of communication It is advisable to retain proof of service, such as a signed acknowledgment of receipt or a certificate of posting, to demonstrate that the notice has been served.
5 Consider the Coronavirus Act 2020
Due to the COVID-19 pandemic, additional regulations have been introduced to protect tenants from eviction Landlords issuing Section 21 notices must comply with the relevant provisions of the Coronavirus Act 2020, which may affect the notice period and the eviction process It is essential to stay informed about the latest regulations and guidance issued by the government to ensure compliance.
6 Seek Legal Advice if Necessary
If you are unsure about how to issue a Section 21 notice or are facing any legal issues with your tenancy, it is recommended to seek legal advice from a qualified solicitor or housing expert They can provide you with tailored advice based on your specific circumstances and help you navigate the eviction process effectively.
7 Follow the Correct Eviction Procedure
Once the Section 21 notice has been served and the required notice period has elapsed, you can proceed with evicting the tenant if they have not vacated the property voluntarily It is essential to follow the correct eviction procedure, which may involve applying to the court for a possession order and seeking the assistance of court bailiffs to carry out the eviction.
In conclusion, issuing a Section 21 notice is a legal process that should be undertaken with care and diligence By following the steps outlined in this guide and seeking appropriate legal advice if necessary, landlords can evict tenants lawfully and effectively Remember that communication with the tenant is key, and it is advisable to try to resolve any issues amicably before resorting to issuing a Section 21 notice.