If you are a landlord looking to regain possession of your property in the UK, one of the most common routes is by serving a Section 21 notice to your tenant. A Section 21 notice is a legal document that gives tenants at least two months’ notice to vacate the property.
Before you serve a Section 21 notice, it is important to ensure that you have met all the necessary requirements. Here is a step-by-step guide on how to get a section 21 notice:
1. Ensure that your tenancy is an Assured Shorthold Tenancy (AST). Section 21 notices can only be used for ASTs. If your tenancy is not an AST, you will have to use alternative eviction procedures.
2. Make sure that you have protected the tenant’s deposit in a government-approved deposit protection scheme. This is a legal requirement for all landlords renting out properties on ASTs. Failing to protect the deposit can invalidate your Section 21 notice.
3. Provide the tenant with a copy of the government’s “How to Rent” guide. This guide informs tenants of their rights and responsibilities and must be given to tenants at the start of the tenancy.
4. Check that the property meets all the required health and safety standards. Landlords have a legal obligation to maintain their properties in a safe and habitable condition. Failure to do so can render a Section 21 notice invalid.
5. Ensure that you have valid grounds for serving a Section 21 notice. Unlike a Section 8 notice, which requires specific reasons for eviction, a Section 21 notice can be served without cause. However, landlords cannot use a Section 21 notice within the first four months of the tenancy or if the tenant has raised complaints about the property that have not been addressed.
6. Draft a Section 21 notice using the correct form. There are two types of Section 21 notices: Form 6A for properties in England and Form 6A for properties in Wales. Make sure to use the correct form for your jurisdiction.
7. Serve the Section 21 notice to the tenant. You can do this by either delivering it by hand or sending it by post. It is advisable to use recorded delivery to prove that the notice has been received by the tenant.
8. Keep a record of how and when the Section 21 notice was served. This includes keeping a copy of the notice, any proof of delivery, and a record of any communication with the tenant.
9. Allow the tenant at least two months to vacate the property. The notice period must be at least two months, and it cannot end before the fixed term of the tenancy expires. If the tenant does not vacate the property by the expiry date, you can apply to the court for a possession order.
10. If the tenant does not vacate the property after the possession order has been granted, you can apply for a warrant of possession. This allows you to instruct bailiffs to physically remove the tenant from the property.
In conclusion, serving a Section 21 notice can be a useful tool for landlords looking to regain possession of their property. However, it is crucial to follow the correct procedures and meet all the necessary requirements to ensure that the notice is valid. By following the steps outlined in this guide, you can successfully serve a Section 21 notice and regain possession of your property in a timely and efficient manner.