If you are a landlord looking to regain possession of your property from your tenants, you may need to issue a Section 21 notice. A Section 21 notice is a legal document commonly used by landlords in England and Wales to evict tenants under the Housing Act 1988. It is one of the most common methods used for evictions as it allows landlords to evict tenants without having to provide a reason.
Here is a step-by-step guide on how to get a section 21 notice:
1. Check if you can issue a Section 21 notice
Before you can issue a Section 21 notice, you must ensure that you have met all the legal requirements. These include:
– Ensuring that your tenancy agreement is an Assured Shorthold Tenancy (AST) agreement
– Providing your tenants with a copy of the How to Rent guide at the beginning of the tenancy
– Ensuring that you have protected your tenant’s deposit in a government-approved tenancy deposit scheme
– Notifying your tenants of any changes to the tenancy agreement in writing
2. Serve the correct notice
To issue a Section 21 notice, you must serve the correct notice to your tenants. There are two types of Section 21 notices – Section 21(1) and Section 21(4). The type of notice you need to serve will depend on the terms of your tenancy agreement.
– Section 21(1) notice: This notice is used when the fixed term of the tenancy has ended, and the tenancy has become a periodic tenancy.
– Section 21(4) notice: This notice is used when the fixed term of the tenancy has not ended, and the landlord wants to end the tenancy early.
3. Give the correct notice period
Once you have served the Section 21 notice, you must give your tenants the correct notice period. The notice period will depend on the type of tenancy agreement you have and when the notice is being served.
– For a Section 21(1) notice, you must give your tenants at least two months’ notice.
– For a Section 21(4) notice, you must give your tenants at least two months’ notice but cannot serve the notice within the first four months of the tenancy.
4. Ensure the notice is in writing
A Section 21 notice must be in writing and specify the date on which the tenants are required to leave the property. The notice must also provide the tenants with information on how they can challenge the eviction if they believe it is unfair.
5. Consider the Coronavirus Act 2020
Due to the impact of the COVID-19 pandemic, there are additional rules in place for evictions in England and Wales. Landlords must now give tenants at least six months’ notice when issuing a Section 21 notice. However, there are exemptions for cases of anti-social behaviour, domestic abuse, and rent arrears of over six months.
6. Keep records of serving the notice
It is essential to keep a record of serving the Section 21 notice to your tenants. This includes proof of postage or evidence that the notice was delivered in person. Keeping records will help protect you in case of any disputes or legal challenges from your tenants.
7. Seek legal advice if needed
If you are unsure about how to serve a Section 21 notice or if you are facing difficulties with your tenants, it is advisable to seek legal advice. A solicitor or a housing adviser can help you navigate the legal requirements and ensure that you are following the correct procedures.
In conclusion, getting a Section 21 notice is a legal process that landlords must follow to regain possession of their property from tenants. By understanding the legal requirements, serving the correct notice, and following the correct procedures, landlords can successfully evict their tenants using a Section 21 notice.