If you are a landlord and need to evict your tenant, one of the most common ways to do so is by serving them with a Section 21 notice. This notice allows you to regain possession of your property without having to provide a specific reason for the eviction, as long as you follow the proper legal procedures. In this article, we will provide you with a step-by-step guide on how to get a section 21 notice.
Step 1: Check Your Tenancy Agreement
Before you can serve a Section 21 notice, you must ensure that your tenancy agreement is in order. This means that the agreement must be in writing, and it must clearly state the terms and conditions of the tenancy, including the notice period required for the termination of the tenancy. If your tenancy agreement is not in writing, or if it does not include the necessary information, you will not be able to proceed with a Section 21 notice.
Step 2: Provide the Correct Notice Period
In order to serve a Section 21 notice, you must provide your tenant with the correct notice period. The notice period required will depend on the type of tenancy agreement you have in place. For assured shorthold tenancies, you must provide at least two months’ notice. It is important to ensure that you provide the correct notice period as any mistakes could invalidate the notice and delay the eviction process.
Step 3: Use the Correct Form
When serving a Section 21 notice, you must use the correct form. The form you need to use will depend on when the tenancy started and whether you have protected the tenant’s deposit in a government-approved scheme. If you have protected the deposit, you will need to use Form 6A. If you have not protected the deposit, you may still be able to serve a Section 21 notice, but you will need to return the deposit to the tenant first.
Step 4: Serve the Notice Correctly
Once you have the correct form and have provided the correct notice period, you must serve the Section 21 notice correctly. You can serve the notice either in person or by post. If serving by post, it is recommended that you use recorded delivery to ensure that the notice has been received by the tenant. You must also ensure that the notice includes all the necessary information, such as the date of expiry of the notice and the reason for the eviction.
Step 5: Wait for the Notice to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before you can take further action. During this time, it is important to keep a record of all communications with the tenant and any evidence of their breach of the tenancy agreement, as this may be required if the case goes to court.
Step 6: Apply to the Court for Possession
If the tenant has not vacated the property by the expiry of the Section 21 notice, you can apply to the court for possession. This can be done using the accelerated possession procedure, which is a quicker and more straightforward process than a standard possession claim. However, it is important to seek legal advice before taking this step to ensure that you have followed all the correct procedures.
In conclusion, getting a Section 21 notice can be a complex process, but by following the steps outlined in this article, you can ensure that you are on the right track to regaining possession of your property. Remember to always seek legal advice if you are unsure about any aspect of the eviction process, as mistakes can be costly and time-consuming. With the proper preparation and documentation, you can successfully navigate the process of getting a Section 21 notice and reclaim your property.