If you are a landlord who wants to regain possession of your property from a tenant, the first step is to issue a Section 21 notice. This notice is a legal requirement in England and Wales for landlords who want to evict a tenant without giving a specific reason. It is crucial to follow the correct procedure to ensure that the notice is valid and enforceable. Here is a step-by-step guide on how to get a section 21 notice:
1. Check if you are eligible to issue a Section 21 notice. To be eligible, you must have protected your tenant’s deposit in a deposit protection scheme and provided them with the prescribed information within 30 days of receiving the deposit. You also need to have an assured shorthold tenancy agreement in place, and the fixed term of the tenancy must have ended, or you must be in the last two months of the fixed term.
2. Serve a valid Section 21 notice. The notice must be in writing and clearly state that it is a Section 21 notice. It must also specify the date on which you want the tenant to vacate the property, which must be at least two months after the date the notice is served. You can serve the notice by post or in person, but it is recommended to use a method that provides proof of delivery, such as recorded delivery or hand delivery with a witness present.
3. Give the tenant the required notice period. The notice period should be at least two months, but it can be longer if the tenancy agreement specifies a longer notice period. The notice period begins on the day the tenant receives the notice, not the day it is served. For example, if you serve the notice on the 15th of June and the tenant receives it on the 17th of June, the notice period starts on the 17th of June, and the tenant has until the 17th of August to vacate the property.
4. Consider any legal requirements specific to your tenancy agreement. Some tenancy agreements may require you to give additional notice or follow specific procedures when issuing a Section 21 notice. Make sure to review your tenancy agreement and seek legal advice if necessary to ensure that you comply with all the relevant requirements.
5. Keep evidence of serving the Section 21 notice. It is essential to keep a copy of the notice and proof of delivery, such as a receipt from the post office or a signed acknowledgment from the tenant. This evidence may be required if you need to take further action, such as applying to the court for a possession order.
6. Wait for the notice period to expire. Once you have served the Section 21 notice and given the tenant the required notice period, you must wait for the notice period to expire before taking any further action. If the tenant does not vacate the property by the date specified in the notice, you can apply to the court for a possession order.
7. Apply to the court for a possession order. If the tenant refuses to leave the property after the notice period has expired, you can apply to the court for a possession order. You will need to provide the court with evidence that you have complied with all the legal requirements for issuing a Section 21 notice and that the tenant has failed to vacate the property. The court will review your application and, if satisfied, grant you a possession order, giving the tenant a specified period to leave the property.
In conclusion, issuing a Section 21 notice is a vital step in regaining possession of your property as a landlord. By following the correct procedure and ensuring that you comply with all the legal requirements, you can effectively evict a tenant without giving a specific reason. Make sure to check your eligibility, serve a valid notice, give the required notice period, keep evidence of serving the notice, wait for the notice period to expire, and apply to the court for a possession order if necessary. By following these steps, you can navigate the process of getting a Section 21 notice successfully.