If you are a landlord looking to evict a tenant from your property in England or Wales without providing a reason, a Section 21 notice may be the way to go. A Section 21 notice is a legal document that landlords can serve to regain possession of their property at the end of a fixed-term tenancy. It allows landlords to evict tenants without having to prove any wrongdoing on the tenant’s part. Here’s a comprehensive guide on how to get a section 21 notice:
1. Check if you are eligible:
Before you can serve a Section 21 notice, you must ensure that you are compliant with all legal requirements. You can only issue a Section 21 notice if your tenants have an assured shorthold tenancy (AST) agreement. Additionally, you must have protected the tenant’s deposit in a government-approved scheme and provided the tenants with a copy of the EPC (Energy Performance Certificate) and a copy of the gas safety certificate.
2. Give the tenant the appropriate notice:
In order to issue a Section 21 notice, you must provide your tenants with a written notice to vacate the property. This notice period must be a minimum of two months. The notice must be given in writing and state that you require possession of the property. It is essential to keep a record of when and how you served the notice to avoid any disputes later on.
3. Complete the correct paperwork:
To make your Section 21 notice legally binding, you must use the correct paperwork. You can use the Form 6A provided by the government, which is a prescribed form for serving a Section 21 notice. Ensure that all details are accurately filled out, including the correct names and addresses of both the landlord and tenant, details of the tenancy, and the date the notice was served.
4. Serve the notice correctly:
It is crucial to serve the Section 21 notice correctly to avoid any delays in the eviction process. You can serve the notice in person, by post, or by email if your tenancy agreement allows for it. If serving the notice in person, you should use a witness, such as a friend or neighbor, to verify the delivery. If serving by post, it is recommended to use recorded delivery to ensure proof of delivery.
5. Keep a record of the notice served:
Once you have served the Section 21 notice, be sure to keep a record of when and how it was served. This record will be crucial if there are any disputes later on. It is also recommended to take photographs or videos of you serving the notice to provide further evidence if needed.
6. Wait for the notice period to expire:
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action. The notice period is a minimum of two months, but it can be longer if stated in the tenancy agreement. During this time, it is important to communicate with your tenants and try to resolve any issues amicably.
7. Apply for a possession order:
If the tenant fails to vacate the property after the Section 21 notice period has expired, you can apply to the court for a possession order. This involves completing a court form and paying a fee. The court will then issue a possession order, which gives the tenant a deadline to vacate the property voluntarily.
8. Evict the tenant if necessary:
If the tenant still refuses to leave after the possession order has been issued, you may need to enlist the help of bailiffs to carry out the eviction. The bailiffs will enforce the possession order, remove the tenant from the property, and hand back possession to you as the landlord.
In conclusion, obtaining a Section 21 notice is a legal process that must be followed correctly to ensure a successful eviction. By following these steps and seeking legal advice if needed, you can regain possession of your property efficiently and effectively. Remember to always act within the law and treat your tenants fairly throughout the process.