If you’re a landlord and you’re looking to regain possession of your property, a Section 21 notice may be the way to go. A Section 21 notice is a legal document that allows you to evict your tenants without having to provide a reason. Here’s a step-by-step guide on how to get a section 21 notice:
1. Make sure you have the right to serve a Section 21 notice
Before you can serve a Section 21 notice, you must ensure that you have the legal right to do so. You can only serve a Section 21 notice if your tenants have an assured shorthold tenancy (AST) agreement, the deposit is protected in a government-approved scheme, and you have provided your tenants with a copy of the Energy Performance Certificate (EPC) and a gas safety certificate, if applicable.
2. Give the correct notice period
In order to serve a Section 21 notice, you must give your tenants the correct notice period. This notice period will depend on whether it’s a fixed-term or periodic tenancy. For a fixed-term tenancy, you must give at least two months’ notice. For a periodic tenancy, you must also give at least two months’ notice, but it must end on the last day of a rental period.
3. Serve the notice correctly
Once you’ve determined that you have the right to serve a Section 21 notice and have given the correct notice period, you must serve the notice correctly. This means that the notice must be in writing and must clearly state that you are serving a Section 21 notice under the Housing Act 1988. You can serve the notice by post or email, but it’s always best to also deliver a hard copy in person to ensure that it has been received.
4. Keep a record of serving the notice
It’s important to keep a record of when and how you served the Section 21 notice. This will provide evidence in case your tenants dispute the eviction in court. Make sure you keep a copy of the notice itself, as well as proof of postage or delivery if you served it by post.
5. Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the notice period to expire before you can take any further action. During this time, your tenants have the right to remain in the property and can only be forced to leave once the notice period has expired.
6. Apply for possession through the court
If your tenants haven’t vacated the property by the end of the notice period, you can apply to the court for a possession order. You will need to fill out the necessary forms and pay a fee to start the eviction process. The court will then review your case and decide whether to grant you possession of the property.
7. Evicting your tenants
If the court grants you possession of the property, you can then proceed with the eviction process. This may involve hiring bailiffs to physically remove your tenants from the property if they still refuse to leave. It’s crucial to follow the correct legal procedures during the eviction process to avoid any potential legal issues.
In conclusion, getting a Section 21 notice requires careful attention to detail and following the correct legal procedures. By ensuring that you have the right to serve a Section 21 notice, giving the correct notice period, serving the notice correctly, keeping a record of serving the notice, waiting for the notice period to expire, applying for possession through the court, and following through with the eviction process, you can successfully regain possession of your property from your tenants. Remember to seek legal advice if you’re unsure about any aspect of serving a Section 21 notice.