If you are a landlord in the UK and need to gain possession of your property at the end of a tenancy, a Section 21 notice is a key tool in your legal arsenal. This notice allows you to evict tenants without providing a reason, as long as the proper procedures are followed. Here is a step-by-step guide on how to get a section 21.
Step 1: Verify that you can issue a Section 21 notice
Before you can begin the process of serving a Section 21 notice, you need to make sure that you are legally entitled to do so. This means ensuring that your tenants have an assured shorthold tenancy (AST) agreement, that the deposit has been protected in a government-approved scheme, and that you have complied with all relevant legislation including providing the tenant with an Energy Performance Certificate and Gas Safety Certificate.
Step 2: Provide the correct notice period
The notice period you need to give your tenants depends on the terms of the tenancy agreement. For ASTs, the minimum notice period is currently two months. You must provide the tenants with at least two months’ notice in writing, specifying the date on which you require possession of the property.
Step 3: Complete the prescribed form
To issue a Section 21 notice, you must use the correct form. In England, this is Form 6A. Make sure that all the information is accurate and complete before serving the notice to your tenants. Failure to use the correct form or provide the required information could result in the notice being deemed invalid.
Step 4: Serve the notice correctly
There are strict rules about how a Section 21 notice must be served. It must be served in writing, either by post or in person. If you deliver the notice in person, you should ensure that it is handed to the tenant directly. If you send it by post, it is advisable to use registered mail or recorded delivery to prove that the notice was received.
Step 5: Keep a record of service
Once you have served the Section 21 notice, it is important to keep a record of how and when it was served. This is crucial in case you need to prove to a court that you followed the correct procedures. Make a note of the date the notice was sent or delivered, and any evidence of service such as a delivery receipt.
Step 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 starts from the date the notice is served, not the date it is received by the tenant. Once the notice period has ended, you are entitled to apply for a possession order from the court.
Step 7: Apply for a possession order
If the tenants have not vacated the property by the end of the notice period, you can apply to the court for a possession order. This will involve attending a hearing where a judge will decide whether to grant possession of the property to you. If the judge grants the order, the tenants will be given a deadline by which they must leave the property.
In conclusion, knowing how to get a section 21 notice is essential for landlords who need to regain possession of their property. By following the steps outlined in this guide, you can ensure that the process is carried out correctly and legally. Remember to always seek legal advice if you are unsure about any aspect of issuing a Section 21 notice.