Guide To Obtaining A Section 21 Notice
If you are a landlord looking to end a tenancy agreement in England, one of the ways to legally evict your tenants is by serving them with a Section 21 notice. This notice allows you to regain possession of your property without having to provide a reason, as long as the correct procedures have been followed. In this guide, we will walk you through the steps on how to get a section 21 notice and successfully evict your tenants.
1. Check eligibility
Before you can serve a Section 21 notice, you must ensure that you have met all the legal requirements. These include:
– Ensuring that the tenancy agreement is an Assured Shorthold Tenancy (AST) and is in writing.
– Providing your tenants with a copy of the government’s “How to Rent” guide at the start of the tenancy.
– Ensuring that the deposit is protected in a government-approved scheme.
– The property must have the necessary licenses and meet all safety regulations.
2. Issue a valid notice
To serve a Section 21 notice, you need to give your tenants at least two months’ notice in writing. The notice must be in the prescribed form, which can be downloaded from the government’s website. Make sure to include all the required information, such as the date the notice takes effect and the address of the property.
3. Serve the notice correctly
To ensure that the Section 21 notice is valid, you must serve it to your tenants correctly. This can be done by:
– Hand delivering the notice to the tenants.
– Sending the notice by first-class post or recorded delivery.
– Sending the notice via email if the original tenancy agreement allows for electronic communication.
4. Keep records
It is essential to keep a record of how and when the Section 21 notice was served to your tenants. This can include details such as the date of service, the method used, and any proof of delivery. Keeping accurate records will help you in case of any disputes or challenges to the eviction.
5. Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the two-month 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 choose to leave voluntarily before the notice period ends.
6. Apply for a possession order
If your tenants do not vacate the property after the Section 21 notice has expired, you will need to apply to the court for a possession order. This requires completing the necessary paperwork and attending a court hearing. If the court grants the possession order, your tenants will be legally required to leave the property by a specific date.
7. Enforce the possession order
If your tenants still refuse to leave after the possession order has been granted, you may need to apply for a warrant of possession. This involves instructing bailiffs to physically remove the tenants from the property. The bailiffs will schedule a date to carry out the eviction, during which your tenants must vacate the property.
By following these steps, you can successfully obtain a Section 21 notice and legally evict your tenants. Remember to always seek legal advice if you are unsure about the process or encounter any challenges along the way. Evicting tenants can be a complex and sensitive issue, so it is essential to handle it with care and follow the correct procedures to avoid any potential legal repercussions.