As a landlord, one of the most daunting tasks you may face is ending a tenancy agreement If you find yourself in such a situation, you may need to issue a section 21 notice, which is the most common way to end a tenancy agreement in England and Wales.
In this guide, we will explain why you may need to issue a section 21 notice, the legal requirements you must meet when issuing the notice, and the steps to follow to ensure that your section 21 notice is valid and legally enforceable.
Why Issue a Section 21 Notice?
There are various reasons why a landlord may need to issue a section 21 notice For example, you may want to sell the property, move into the property yourself, or rent the property out to someone else.
Whatever your reason is, it’s essential to understand that you cannot issue a section 21 notice if the tenant has reported disrepair issues to you and you haven’t responded properly or haven’t resolved the problem If that’s the case, the tenant can raise a defense against the notice.
Legal Requirements for Issuing a Section 21 Notice
Before issuing a section 21 notice, you must ensure that you meet the legal requirements The requirements differ depending on when the tenancy agreement was made and whether the property is licensed or not.
For tenancy agreements made before October 1, 2015, the notice period must be at least two months For tenancy agreements made on or after October 1, 2015, the notice period must be at least two months, and the notice itself must be in writing.
Moreover, if you are issuing a section 21 notice for a property located in an area with selective licensing requirements, you must have a valid license when you serve the notice Failure to meet any of these requirements will result in the notice being invalid.
Steps to Follow When Issuing a Section 21 Notice
Step 1: Check the Tenancy Agreement
Before issuing a section 21 notice, you must check the tenancy agreement to determine whether it includes a break clause or not If it does, you may be able to use the break clause to end the tenancy agreement early instead of issuing a section 21 notice.
Step 2: Provide the Correct Notice
If you need to issue a section 21 notice, make sure that you provide the correct notice how to issue section 21 notice. The notice should be in writing and include the following information:
– The date the notice was served
– The address of the property
– The name of the tenant(s)
– The date the tenant(s) must leave the property
– When the notice expires
Step 3: Serve the Notice
Once you’ve completed the notice, you must serve it on the tenant(s) correctly You can do this in one of three ways:
– By hand
– Via first-class post
– Via email if the tenant has agreed to receive notices this way
Whichever method you choose, make sure to keep proof of service.
Step 4: Follow Up
After issuing the section 21 notice, you should follow up with the tenant(s) to confirm that they received it and are moving out as per the notice If the tenant(s) do not leave the property by the date specified in the notice, you must apply to the court for a possession order.
Conclusion
Issuing a section 21 notice may seem like a daunting task, but it’s essential to ensure you do it correctly to avoid any legal issues Remember, you cannot issue a section 21 notice if the tenant has reported disrepair issues to you and you haven’t responded properly.
Before issuing the notice, ensure you meet the legal requirements, check the tenancy agreement, and provide the correct notice Finally, serve the notice correctly and follow up with the tenant(s) If you do these steps correctly, issuing a section 21 notice should be straightforward and result in the desired outcome.