If you are a landlord or property owner looking to regain possession of your property from a tenant, you may need to serve them with a Section 21 notice A Section 21 notice is a legal document used by landlords in England and Wales to regain possession of a property that is let under an Assured Shorthold Tenancy (AST) agreement In this article, we will guide you on how to get a Section 21 notice and the steps involved in the process.
Firstly, it is essential to understand the purpose of a Section 21 notice This notice allows a landlord to evict a tenant without giving any specific reason, as long as they comply with the legal requirements set out in the Housing Act 1988 It is typically used when a landlord wants to regain possession of their property at the end of a fixed-term tenancy agreement or during a periodic tenancy.
To get a Section 21 notice, landlords must follow these steps:
1 Check the Tenancy Agreement
Before serving a Section 21 notice, landlords should review the tenancy agreement to ensure that it is an AST and that the tenancy is not in a fixed-term or a periodic tenancy Section 21 notices cannot be used for other types of tenancy agreements.
2 Serve the Prescribed Information
Landlords must provide their tenants with certain prescribed information at the beginning of the tenancy, including the Energy Performance Certificate (EPC), Gas Safety Certificate, and the government’s How to Rent guide If this information has not been provided, landlords cannot serve a valid Section 21 notice.
3 Give the Proper Notice Period
Landlords are required to give tenants at least two months’ notice in writing before they can apply for possession using a Section 21 notice The notice period must end on the last day of the tenancy period For example, if the rent is paid on the 1st of every month, the notice must end on the last day of the month.
4 how to get section 21 notice. Use the Correct Form
Landlords must use the correct form when serving a Section 21 notice Form 6A is the prescribed form for use in England, while Form 6 is used in Wales The forms can be found on the government’s website and must be completed accurately to be valid.
5 Consider the Local Requirements
Some local authorities have additional requirements that landlords must comply with before serving a Section 21 notice This may include registering the tenancy deposit in a government-approved scheme or obtaining a license for Houses in Multiple Occupation (HMOs).
6 Serve the Notice Correctly
Once all the requirements have been met, landlords can serve the Section 21 notice to their tenants The notice can be served by hand, post, or email, but it is essential to keep proof of service in case of any disputes.
7 Apply for Possession
If the tenant does not vacate the property by the end of the notice period, landlords can apply to the court for a possession order The court will review the case and issue a possession order if all the legal requirements have been met.
It is crucial for landlords to follow the correct procedures when serving a Section 21 notice to avoid any delays or issues with regaining possession of their property By following these steps and seeking legal advice if needed, landlords can effectively serve a Section 21 notice and regain possession of their property in a timely manner.
In conclusion, getting a Section 21 notice involves several steps that landlords must follow to regain possession of their property legally By understanding the purpose of a Section 21 notice and following the correct procedures, landlords can effectively serve the notice and regain possession of their property from a tenant.