If you’re a landlord in England, one of the methods you can use to evict a tenant is through a Section 21 notice. A Section 21 notice is a legal document that allows you to evict tenants without giving a reason, as long as you follow the correct procedures. Here is a guide on how to get a section 21 notice:
1. Determine if you can serve a Section 21 notice
Before you can serve a Section 21 notice, you need to make sure that certain conditions are met. Firstly, your tenancy agreement must be an assured shorthold tenancy (AST). You cannot serve a Section 21 notice if your tenancy agreement is not an AST.
Secondly, you must have protected your tenant’s deposit in a government-approved scheme within 30 days of receiving it. If you fail to protect the deposit or provide the prescribed information to your tenant, you will not be able to serve a Section 21 notice.
Lastly, you need to make sure that you have provided your tenant with all the necessary documents, such as the gas safety certificate, an energy performance certificate, and the “How to Rent” guide.
2. Give your tenant the required notice
Once you have met all the conditions for serving a Section 21 notice, the next step is to give your tenant the required notice period. You must give your tenant at least two months’ notice before the date that you want them to leave the property.
It is important to note that the two-month notice period cannot end before the end of the fixed term of the tenancy. If the fixed term has already ended and the tenancy is now a periodic tenancy, the notice period should end at the end of a rental period.
3. Serve the Section 21 notice correctly
To serve a Section 21 notice to your tenant, you must do so in writing. The notice must clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988 and specify the date on which you want the tenant to leave.
You can serve the notice by post, in person, or by email if your tenancy agreement allows for it. It is advisable to use a proof of posting or delivery service to ensure that the notice is served correctly.
4. File for a possession order
If your tenant fails to leave the property by the date specified in the Section 21 notice, you will need to apply to the court for a possession order. You can do this using either the standard possession procedure or the accelerated possession procedure, depending on your circumstances.
The standard possession procedure can take longer and involves attending a court hearing, while the accelerated possession procedure is quicker and does not require a court hearing. However, the accelerated possession procedure can only be used if you have followed all the correct procedures for serving the Section 21 notice.
5. Evicting the tenant
If the court grants you a possession order, your tenant will be given a deadline to leave the property. If they fail to do so, you can apply for a warrant of possession, which allows bailiffs to evict the tenant on your behalf.
It is important to note that you cannot use a Section 21 notice to evict a tenant if you have not followed the correct procedures or if you have not met all the conditions for serving the notice. If you are unsure about how to proceed, it is advisable to seek legal advice to ensure that you are following the correct steps.
In conclusion, serving a Section 21 notice can be a useful tool for landlords looking to evict tenants under certain circumstances. By understanding the conditions and procedures involved in serving a Section 21 notice, landlords can ensure that they are acting within the law and protecting their rights as property owners.