Are you a landlord looking to gain possession of your property from tenants? If so, then you may be considering serving a Section 21 notice. This legal document allows landlords in England to evict tenants without providing a reason, provided they follow the correct procedures. In this article, we will guide you through how to get a section 21 notice.
Firstly, it’s important to understand that Section 21 notices can only be served by landlords who have assured shorthold tenancies (ASTs). These are the most common type of tenancy agreement in the private rented sector. If you have any other type of tenancy agreement, such as a regulated tenancy or a long lease, you will not be able to use a Section 21 notice.
Before serving a Section 21 notice, you must ensure that you have complied with all legal requirements. This includes providing your tenants with a copy of the government’s “How to Rent” guide and an up-to-date energy performance certificate (EPC) for the property. You must also have protected your tenant’s deposit in a government-approved scheme and provided them with the prescribed information about the deposit within 30 days of receiving it.
Once you have met all these requirements, you can proceed with serving the Section 21 notice. The first step is to check that the fixed term of the tenancy has come to an end. If the fixed term is still ongoing, you will need to wait until it expires before serving the notice. If the fixed term has ended and the tenancy is now periodic, you can serve the notice at any time.
The Section 21 notice must be in writing and include certain information, such as the date on which the tenant is required to leave the property (which must be at least two months after the notice is served) and the address of the property. It is essential to ensure that the notice is correctly completed and served in the correct way, as any mistakes could render it invalid and delay the eviction process.
You can serve the notice yourself or use a professional service to do so on your behalf. A common method of serving the notice is by post, but you can also deliver it in person or use a process server. It is crucial to keep a record of how and when the notice was served, as this will be important if the matter ends up in court.
Once the Section 21 notice has been served, the tenant must vacate the property by the date specified in the notice. If they fail to do so, you can apply to the court for a possession order. This involves completing a claim form and paying a fee, after which a hearing will be scheduled. If the court grants the possession order, the tenant will be given a specified period of time to leave the property. If they still do not leave, you may have to apply for a warrant of possession to have them physically removed.
It is worth noting that there are certain circumstances in which a Section 21 notice may be deemed invalid. For example, if the property is not in a good state of repair or does not have the required gas safety certificate, the notice may be invalid. Similarly, if the landlord has not provided the tenant with an address in England and Wales where notices can be served, the notice may not be valid.
In conclusion, getting a Section 21 notice is a straightforward process if you follow the correct procedures. By ensuring that you have met all legal requirements and served the notice correctly, you can regain possession of your property from tenants efficiently. If you are unsure about any aspect of serving a Section 21 notice, it is advisable to seek advice from a legal professional.