A Section 21 notice is a legal document that a landlord can use to evict a tenant from a property in England and Wales It is typically used when a tenant is on a fixed-term tenancy or on a periodic tenancy, which is a tenancy that runs on a month-to-month basis.
Here is a step-by-step guide on how to get a Section 21 notice:
1 Check if you are eligible to serve a Section 21 notice
Before seeking to get a Section 21 notice, it is crucial to ensure that you are eligible to do so As a landlord, you must have protected the tenant’s deposit in a government-approved tenancy deposit protection scheme Additionally, you must have obtained a valid Energy Performance Certificate (EPC) and given the tenants a copy of the property’s gas safety certificate.
2 Provide the tenant with the necessary documentation
By law, landlords are required to provide tenants with certain documents at the beginning of the tenancy These documents include the government’s “How to Rent” guide, an updated EPC, a gas safety certificate, and the property’s tenancy agreement It is essential to ensure that these documents are provided to the tenant before serving a Section 21 notice.
3 Serve the Section 21 notice in writing
To serve a Section 21 notice, you must provide the tenant with a written notice informing them of your intention to seek possession of the property The notice must be in writing and must comply with the requirements set out in the Housing Act 1988 It is recommended to use a template or seek legal advice to ensure that the notice is valid.
4 Check the notice period
The notice period required for a Section 21 notice will depend on the type of tenancy agreement in place For a fixed-term tenancy, the notice period must be at least two months For a periodic tenancy, the notice period must align with the rental period, with a minimum of two months how to get section 21 notice. It is essential to check the notice period requirements carefully to ensure that the notice is valid.
5 Keep records of serving the notice
Once you have served the Section 21 notice, it is crucial to keep records of how and when the notice was served You should keep a copy of the notice, proof of postage or delivery, and any correspondence with the tenant regarding the notice Keeping detailed records will help you prove that the notice was served correctly in case of any disputes.
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 During this period, you should not harass or intimidate the tenant in any way Instead, you should allow them to vacate the property peacefully.
7 Apply for a possession order if necessary
If the tenant fails to vacate the property after the Section 21 notice period has expired, you may need to apply for a possession order from the court You will need to complete the necessary forms and pay the required court fees The court will then schedule a hearing where both parties can present their case, and a judge will decide whether to grant the possession order.
In conclusion, obtaining a Section 21 notice is a legal process that landlords must follow correctly to evict tenants from their property By ensuring that you are eligible to serve a Section 21 notice, providing the necessary documentation, serving the notice in writing, checking the notice period, keeping records, waiting for the notice period to expire, and applying for a possession order if necessary, you can effectively navigate the process and regain possession of your property.
Remember that seeking legal advice or using a professional letting agent can help ensure that the Section 21 notice is served correctly and legally valid By following these steps carefully, you can navigate the eviction process smoothly and efficiently.