If you are a landlord looking to evict your tenants in England and Wales, one of the methods you can use is serving them with a Section 21 notice. This notice is often referred to as a “no-fault eviction” because it allows landlords to regain possession of their property without having to give a reason for the eviction. However, there are specific steps you need to follow to ensure that you serve the Section 21 notice correctly.
Here is a step-by-step guide on how to get a section 21 notice:
1. Understand the Requirements
Before you can serve your tenants with a Section 21 notice, make sure you understand the legal requirements. You can only use a Section 21 notice if your tenants have an assured shorthold tenancy (AST) agreement. Additionally, you must have protected your tenants’ deposit in a government-approved scheme and provided them with the necessary documentation within 30 days of receiving the deposit.
2. Give Proper Notice
Under the current laws, you must give your tenants at least two months’ notice before you can apply for a possession order in court. This notice period must align with the end of a rental period, which means that if your tenancy agreement does not run on a calendar month basis, you will need to adjust the notice period accordingly.
3. Check the Tenancy Agreement
Review the terms of your tenancy agreement to ensure that you have complied with all the conditions outlined. If there are any outstanding maintenance issues or breaches of the agreement on your part, you may not be able to serve a valid Section 21 notice. Make sure all your obligations as a landlord have been fulfilled before proceeding with the eviction process.
4. Serve the Section 21 Notice
To serve the Section 21 notice, you can use Form 6A, which is the prescribed form for this purpose. This form must be filled out correctly and served to your tenants in writing. You can deliver the notice in person, by post, or even by email if your tenancy agreement allows for electronic communication. Make sure you keep a record of when and how you served the notice in case any disputes arise later on.
5. Wait for the Notice Period to Expire
Once you have served the Section 21 notice, you must wait for the notice period to expire before taking any further action. During this time, your tenants have the opportunity to vacate the property voluntarily, and you should not harass or threaten them in any way. If your tenants fail to leave by the end of the notice period, you can proceed with applying for a possession order from the court.
6. Apply for a Possession Order
If your tenants refuse to vacate the property after receiving the Section 21 notice, you can apply for a possession order from the court. You will need to fill out the relevant forms and provide evidence that you have followed all the necessary steps leading up to the eviction. The court will then set a date for a hearing to determine whether you are entitled to possession of the property.
7. Attend the Court Hearing
It is crucial that you attend the court hearing to present your case before a judge. You should bring all the relevant documentation, including the tenancy agreement, the Section 21 notice, and proof of service. Be prepared to explain why you are seeking possession of the property and be honest about your reasons for wanting to evict your tenants.
8. Obtain a Possession Order
If the court rules in your favor, you will be granted a possession order that gives your tenants a specified amount of time to leave the property. If they still refuse to vacate, you can apply for a bailiff to evict them forcibly. This should only be done as a last resort, and you should always try to resolve any disputes amicably before resorting to legal action.
In conclusion, serving a Section 21 notice can be an effective way to regain possession of your property as a landlord. However, it is essential to follow the correct procedures and adhere to the legal requirements to ensure that the eviction process goes smoothly. By understanding the steps involved and seeking legal advice if necessary, you can successfully serve a Section 21 notice and evict your tenants legally and ethically.