If you are a landlord looking to evict a tenant in England or Wales, one of the most common methods is by using a Section 21 notice. This notice allows landlords to evict tenants without giving a reason, as long as certain conditions are met. In this article, we will provide you with a step-by-step guide on how to get a section 21 notice.
Step 1: Check if You Are Eligible
Before you can serve a Section 21 notice, you need to ensure that you have met all the legal requirements. This includes having protected any deposit in a government-approved scheme, providing tenants with a valid gas safety certificate, an Energy Performance Certificate (EPC), and a copy of the property’s latest version of the How to Rent guide. If you fail to comply with these requirements, your Section 21 notice may be invalidated.
Step 2: Determine the Type of Tenancy
It’s important to know the type of tenancy your tenant has before serving a Section 21 notice. If your tenant has an assured shorthold tenancy (AST), you can use a Section 21 notice to evict them. However, if they have a fixed-term tenancy or a periodic tenancy, you will need to wait until the fixed term has ended or use another method of eviction.
Step 3: Provide the Correct Notice Period
The notice period you need to give your tenant depends on the type of tenancy agreement they have. For ASTs, the notice period is usually two months. However, this can vary depending on the terms of the tenancy agreement. Make sure you provide the correct notice period to avoid any delays in the eviction process.
Step 4: Serve the Section 21 Notice
Once you have met all the legal requirements and determined the correct notice period, you can now serve the Section 21 notice to your tenant. The notice must be in writing and clearly state that you are seeking possession of the property using the Section 21 procedure. It should also include the date the tenant is required to leave the property.
Step 5: Wait for the Notice Period to Expire
After serving the Section 21 notice, you will need to wait for the notice period to expire before taking any further action. If the tenant does not leave the property by the specified date, you can then apply to the court for a possession order.
Step 6: Apply for a Possession Order
If the tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order. This involves filling out the necessary forms and attending a court hearing. If the court grants the possession order, the tenant will be legally required to leave the property by a specific date.
Step 7: Enforce the Possession Order
If the tenant still refuses to leave the property after the possession order has been granted, you may need to enlist the help of bailiffs to evict them. This involves applying for a warrant for possession, which allows bailiffs to physically remove the tenant from the property.
In conclusion, getting a Section 21 notice involves following a series of steps to ensure that you are legally entitled to evict your tenant. By checking your eligibility, determining the type of tenancy, providing the correct notice period, serving the notice, waiting for the notice period to expire, applying for a possession order, and enforcing the order if necessary, you can successfully evict your tenant using the Section 21 procedure.