If you’re a landlord in the UK, you may find yourself in a situation where you need to regain possession of your property from your tenants. One way to do this is by serving them with a Section 21 notice. In this article, we’ll take you through everything you need to know about how to get a section 21 notice and the steps you need to follow.
What is a Section 21 notice?
A Section 21 notice is a legal document that a landlord can serve to their tenants to regain possession of their property. It is often used in situations where the landlord does not have any specific reason for wanting the tenants to vacate the property, such as non-payment of rent or breach of tenancy agreement. In other words, it is a “no-fault” eviction notice.
How to get a Section 21 notice:
1. Check if you’re eligible: Before you can serve a Section 21 notice, you must ensure that you have complied with all the legal requirements. For example, you must have protected the tenant’s deposit in a government-approved scheme, provided them with a valid Energy Performance Certificate (EPC) and Gas Safety Certificate, and given them a copy of the “How to Rent” guide.
2. Serve the notice at the right time: You can only serve a Section 21 notice after the initial fixed term of the tenancy has ended. If the tenancy is periodic, you must give the tenants at least two months’ notice, which should end on the last day of the rental period.
3. Use the correct form: To serve a valid Section 21 notice, you must use Form 6A, which is the prescribed form for these types of evictions. Make sure you fill in all the required details accurately and provide the tenants with a clear explanation of why you’re asking them to leave.
4. Keep records: It’s crucial to keep a record of when and how you served the Section 21 notice to the tenants. This includes keeping a copy of the notice and any evidence of how it was delivered, such as by hand, post, or email.
5. Give the tenants time to vacate: Once you have served the Section 21 notice, you must give the tenants at least two months to vacate the property. If they fail to do so, you can apply to the court for a possession order.
6. Apply to the court if necessary: If the tenants refuse to leave after receiving the Section 21 notice, you can apply to the court for a possession order. The court will then decide whether to grant the order and set a date for the tenants to vacate the property.
In conclusion, getting a Section 21 notice involves following a specific legal process to ensure that you have the right to evict your tenants. By understanding the steps involved and seeking legal advice if necessary, you can navigate this process effectively and regain possession of your property in a lawful manner.
Remember that evictions can be a complex and sensitive issue, so it’s essential to approach them with caution and always seek professional advice if you’re unsure about your rights and obligations as a landlord. By following the steps outlined in this article, you can hopefully streamline the process of getting a Section 21 notice and achieve a successful outcome for all parties involved.