If you are a landlord and need to regain possession of your property from your tenants, you may need to serve a Section 21 notice. This notice is a legal requirement in England and Wales for landlords who wish to evict tenants without giving a reason. Here is a step-by-step guide on how to get a section 21 notice:
1. Check that you are eligible to serve a Section 21 notice
Before serving a Section 21 notice, it is important to ensure that you are eligible to do so. You can serve a Section 21 notice if your tenants have an assured shorthold tenancy (AST), the deposit has been protected in a government-approved scheme, and you have provided your tenants with a gas safety certificate and an energy performance certificate.
2. Provide your tenants with the required documents
Under the Housing Act 1988, landlords must provide their tenants with certain documents before they can serve a Section 21 notice. These documents include the government’s ‘How to Rent’ guide, the gas safety certificate, and the energy performance certificate. Make sure that you have provided these documents to your tenants before proceeding with the eviction process.
3. Choose the right Section 21 notice form
There are two different Section 21 notice forms that landlords can use: Form 6A for properties in England and Form 6A for properties in Wales. Make sure that you choose the correct form for the location of your rental property.
4. Fill out the Section 21 notice form accurately
Once you have selected the appropriate Section 21 notice form, you will need to fill it out accurately. Provide all the necessary information, including details of the tenancy agreement, the property address, the date when the notice will take effect, and your contact details. Double-check the form to ensure that all the information is correct before serving it to your tenants.
5. Serve the Section 21 notice to your tenants
After completing the Section 21 notice form, you will need to serve it to your tenants. You can do this by either delivering the notice in person or sending it via first-class post. Make sure that you keep proof of service, such as a receipt or a certificate of posting, to confirm that the notice has been served.
6. Wait for the notice period to expire
Once you have served the Section 21 notice, you will need to wait for the notice period to expire before you can take any further action. The notice period must be at least two months, and it should end on the last day of the tenancy period. During this time, your tenants have the right to remain in the property, and you cannot take any steps to evict them.
7. Apply for a possession order
If your tenants do not vacate the property after the notice period has expired, you can apply for a possession order from the court. This order will give you legal authority to evict your tenants if they refuse to leave voluntarily. You will need to provide evidence that you have followed the correct procedures and that the Section 21 notice was served correctly.
8. Evict your tenants if necessary
If your tenants still do not vacate the property after the possession order has been granted, you may need to arrange for bailiffs to carry out the eviction. The bailiffs will physically remove the tenants from the property, allowing you to regain possession and relet the property to new tenants.
In conclusion, serving a Section 21 notice can be a complex and time-consuming process for landlords. However, by following these steps and ensuring that you comply with all the legal requirements, you can successfully evict your tenants and regain possession of your property. Remember to seek legal advice if you are unsure about any aspect of the eviction process to avoid any potential pitfalls.