If you are a landlord who needs to evict a tenant in England, you may consider serving a Section 21 notice. This is a legal notice that landlords can serve to regain possession of their property without having to provide a reason. However, it is crucial to follow the correct process to ensure it is valid and enforceable. Here is a step-by-step guide on how to get a section 21 notice.
1. Understand the Requirements
Before serving a Section 21 notice, it is essential to understand the requirements. You can only use a Section 21 notice if your tenancy is an assured shorthold tenancy (AST). Additionally, you must have protected your tenant’s deposit in a government-approved scheme and provided them with the required documents, including an Energy Performance Certificate (EPC) and a Gas Safety Certificate.
2. Check the Timing
You cannot serve a Section 21 notice within the first four months of the tenancy. If the fixed term of the tenancy has ended, you can serve a Section 21 notice at any time. However, if the tenancy is still within the fixed term, you must give your tenant at least two months’ notice.
3. Prepare the Section 21 Notice
To create a valid Section 21 notice, you must use the correct form. The most commonly used form is Form 6A, which can be downloaded from the government’s website. Make sure to fill in all the required information accurately, including details of the property, the names of the tenant and landlord, and the date the notice is served.
4. Serve the Notice
Once you have prepared the Section 21 notice, you must serve it on your tenant correctly. You can do this by hand-delivering the notice to the tenant or sending it by first-class post. It is advisable to use recorded delivery to prove that the notice has been served.
5. Keep Proof of Service
After serving the Section 21 notice, it is crucial to keep proof of service. This can include a signed acknowledgment of receipt from the tenant or the proof of postage if you sent the notice by post. Keeping accurate records will help you prove that the notice was served correctly if the eviction goes to court.
6. 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. The notice period is usually two months, but it can be longer if specified in the tenancy agreement. During this time, you cannot evict the tenant or take any steps to force them to leave.
7. Apply to the Court for a Possession Order
If the tenant does not leave the property after the notice period has expired, you can apply to the court for a possession order. You will need to fill in the appropriate court forms and provide evidence that you have followed the correct process. The court will then schedule a hearing to decide whether to grant you possession of the property.
8. Obtain a Bailiff Warrant
If the court grants you a possession order and the tenant still refuses to leave, you can apply for a bailiff warrant. The bailiffs will then attend the property to evict the tenant forcibly if necessary. It is essential to follow the correct procedures to avoid any legal complications.
In conclusion, getting a Section 21 notice involves following a strict process to ensure that it is valid and enforceable. By understanding the requirements, serving the notice correctly, and obtaining a possession order through the court, landlords can regain possession of their property legally. Remember to keep detailed records of all communication and actions taken to protect yourself in case of any disputes.