If you are a landlord in the UK and you need to regain possession of your property, one way to do so is by issuing a Section 21 notice to your tenants. A Section 21 notice is a legal notice that can be used to end an assured shorthold tenancy agreement. However, getting a Section 21 isn’t as simple as just filling out a form. There are specific steps and requirements that landlords must follow to ensure that the Section 21 notice is valid and enforceable. In this guide, we will walk you through the process of how to get a section 21 notice.
Step 1: Check Your Tenancy Agreement
Before you can issue a Section 21 notice, you need to make sure that your tenancy agreement is an assured shorthold tenancy (AST). Most private residential tenancies in England are ASTs, but there are some exceptions. Check your tenancy agreement to confirm that it is an AST before proceeding with the Section 21 process.
Step 2: Give Proper Notice
To issue a Section 21 notice, you must give your tenants at least two months’ notice in writing. The notice period must align with the end date of the tenancy agreement. For example, if the fixed-term tenancy agreement ends on the 15th of January, you must give the tenants notice by the 15th of November.
Step 3: Serve the Section 21 Notice
To serve the Section 21 notice, you must use the correct form, Form 6A, which can be downloaded from the government’s website. Make sure to fill out the form accurately, including the details of the tenancy, the date the notice is served, and the date the tenants need to vacate the property.
Step 4: Provide the Necessary Documentation
When serving the Section 21 notice, you must also provide your tenants with a copy of the Energy Performance Certificate (EPC) for the property and the government’s How to Rent guide. Failure to provide these documents could render the Section 21 notice invalid.
Step 5: Consider the Tenant’s Deposit
If you have taken a deposit from your tenants, you must ensure that it is protected in a government-approved tenancy deposit protection scheme. You also need to provide the tenants with information about the deposit scheme within 30 days of receiving the deposit. Failing to comply with these requirements could prevent you from serving a Section 21 notice.
Step 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. If the tenants do not vacate the property by the specified date, you can apply to the court for a possession order.
Step 7: Applying for a Possession Order
If the tenants do not leave the property after the Section 21 notice has expired, you can apply to the court for a possession order. This involves filling out the necessary paperwork and attending a court hearing. If the court grants the possession order, the tenants will be legally required to leave the property by a specified date.
Step 8: Evicting the Tenants
If the tenants still refuse to leave the property after the possession order has been granted, you may need to enlist the help of bailiffs to carry out the eviction. The bailiffs will physically remove the tenants from the property, allowing you to regain possession.
In conclusion, getting a Section 21 notice involves following a specific process and ensuring that you comply with all legal requirements. By following the steps outlined in this guide, you can effectively terminate an assured shorthold tenancy agreement and regain possession of your property. Remember that it is essential to seek legal advice if you are unsure of any aspect of the Section 21 process to avoid any potential complications.