A Section 21 notice is a legal document that landlords in the UK can use to end an assured shorthold tenancy. This notice allows them to evict tenants without having to give a reason, as long as certain conditions are met. If you are a landlord looking to regain possession of your property, here is a guide on how to get a section 21 notice.
Verify that you can issue a Section 21 notice
Before you can issue a Section 21 notice, you must ensure that you are eligible to do so. You can only use a Section 21 notice if your tenants have an assured shorthold tenancy, or if the fixed term of their tenancy has ended and it has become a periodic tenancy. Additionally, you must have protected your tenant’s deposit in a government-approved scheme and provided them with the relevant information about the deposit within 30 days of receiving it.
Provide the correct notice period
To issue a Section 21 notice, you must give your tenants a notice period of at least two months. This means that you cannot apply for possession of your property until at least two months after serving the Section 21 notice. The notice period must end on the last day of a rental period, which is usually the day before the rent is due.
Use the correct form
When serving a Section 21 notice, you must use the correct form. There are two different forms that you can use, depending on whether your tenancy began before or after October 1, 2015. If your tenancy began before this date, you should use Form 6A, and if it began after this date, you should use Form 3A.
Serve the notice correctly
To be valid, a Section 21 notice must be served correctly. You can serve the notice by either giving it to your tenants in person, sending it by first-class post, or by leaving it at the property. If you choose to serve the notice by post, you must allow for an additional two days for delivery.
Keep a record of service
Once you have served the Section 21 notice, make sure to keep a record of how and when it was served. This will be important if you need to prove to the court that you followed the correct procedures when issuing the notice. It is also a good idea to take photographs or video footage of the property to show its condition at the time the notice was served.
Check the validity of the notice
Before applying to the court for possession, you should double-check the validity of the Section 21 notice. Make sure that you have given your tenants the correct notice period, used the correct form, served the notice correctly, and complied with all other legal requirements. If any errors are found, you may need to start the process again, which could delay the eviction of your tenants.
Apply for possession
If your tenants do not leave the property by the end of the notice period specified in the Section 21 notice, you can then apply to the court for possession. The court will review your case and may issue a possession order, which will give your tenants a deadline by which they must leave the property. If they do not leave by this deadline, you can then ask the court to send bailiffs to evict them.
In conclusion, getting a Section 21 notice involves following a specific set of procedures to ensure that you can legally regain possession of your property. By verifying your eligibility, providing the correct notice period, using the correct form, serving the notice correctly, keeping a record of service, checking the validity of the notice, and applying for possession through the court, you can successfully evict your tenants.