If you are a landlord looking to evict a tenant from your property in England, one of the most common routes is to serve them with a Section 21 notice This notice allows you to regain possession of your property without providing a specific reason, as long as you follow the correct legal process In this article, we will guide you through the steps you need to take to obtain a Section 21 notice.
What is a Section 21 notice?
A Section 21 notice is a legal notice served by a landlord to a tenant, informing them that the landlord wishes to regain possession of the property This notice can only be used if the tenancy is an assured shorthold tenancy (AST) and the fixed-term has ended or is due to end It allows the landlord to evict the tenant without having to prove any fault on their part, provided that all the legal requirements are met.
Step 1: Check your eligibility
Before serving a Section 21 notice, make sure you are legally entitled to do so You must have protected the tenant’s deposit in a government-approved scheme, provided the tenant with a copy of the government’s “How to Rent” guide, and ensured that the property meets the required standards, such as having a valid gas safety certificate.
Step 2: Serve the correct notice
To serve a Section 21 notice, you must use the prescribed form, which is Form 6A This form must be completed accurately and served to the tenant in writing You can serve the notice by post or in person, but it is advisable to use a method that provides proof of delivery, such as recorded delivery or hand-delivery with a witness.
Step 3: Consider the notice period
The notice period required for a Section 21 notice depends on the type of tenancy agreement in place If the tenancy agreement started or was renewed on or after 1 October 2015, the minimum notice period is two months If the agreement was entered into before this date, the notice period may vary how to get a section 21 notice. Make sure to check the specific requirements for your situation.
Step 4: Keep records
It is essential to keep records of all communication with your tenant regarding the Section 21 notice This includes a copy of the notice served, proof of delivery, and any correspondence or agreements made with the tenant Keeping detailed records will help protect you in case of any disputes or legal challenges in the future.
Step 5: Follow the correct procedure
Once the notice period has expired, and if the tenant has not vacated the property voluntarily, you can apply to the court for a possession order This can be done using either the Accelerated Possession Procedure or the Standard Possession Procedure, depending on the circumstances of your case Make sure to follow the correct procedure and provide all necessary evidence to support your claim.
Step 6: Attend the court hearing
If your application for a possession order goes to court, you will need to attend the hearing to present your case It is crucial to have all relevant documents and evidence with you, such as the signed tenancy agreement, proof of service of the Section 21 notice, and any communication with the tenant Be prepared to answer questions from the judge and provide any additional information that may be required.
Step 7: Obtain a possession order
If the court rules in your favor, you will be granted a possession order, allowing you to evict the tenant from the property The tenant will typically be given a specified period to vacate the premises voluntarily, after which you may need to apply for a warrant of possession to have them removed forcibly if necessary.
In conclusion, obtaining a Section 21 notice is a legal process that requires careful preparation and adherence to the correct procedures By following the steps outlined in this article and seeking legal advice if necessary, you can navigate the eviction process successfully and regain possession of your property in a lawful and efficient manner.