If you are a landlord looking to regain possession of your property in England, one of the options available to you is to serve a Section 21 notice on your tenants. A Section 21 notice is a legal document that gives the tenant at least two months’ notice to vacate the property. This article will guide you on how to get a section 21 notice in a lawful and effective manner.
Before we delve into the steps on how to get a section 21 notice, it is essential to understand the circumstances under which you can serve this notice. As a landlord, you can serve a Section 21 notice if your tenancy agreement is an Assured Shorthold Tenancy (AST) and your tenants have been residing in the property for a minimum of four months. It is important to note that there are certain requirements that need to be met before serving a Section 21 notice, such as providing your tenants with a copy of the government’s “How to Rent” guide, ensuring that the tenancy deposit is protected in a government-approved scheme, and that the property meets all the necessary health and safety regulations.
Once you have met all the requirements, you can proceed with the following steps on how to get a section 21 notice:
Step 1: Drafting the Notice
The first step in getting a Section 21 notice is to draft the notice itself. You can either create the notice yourself using a template provided by the government or seek legal advice to ensure that the notice is correctly formatted and includes all the necessary information. The notice should clearly state the date by which the tenants must vacate the property and comply with the legal requirements for serving a Section 21 notice. It is crucial to keep a copy of the notice for your records.
Step 2: Serving the Notice
Once the notice has been drafted, you must serve it on your tenants correctly. There are several ways in which you can serve a Section 21 notice, including in person, by post, or by email. It is advisable to use a method that provides proof of service, such as recorded delivery or email read receipts, to ensure that the notice has been received by the tenants. Additionally, you should ensure that the notice is served within the specified time frame to be valid.
Step 3: Waiting Period
After serving the Section 21 notice, you must allow the tenants the required notice period to vacate the property. The notice period is typically two months, although it may be longer if specified in the tenancy agreement. During this waiting period, you should not take any action to evict the tenants or change the locks on the property, as this could be considered illegal eviction.
Step 4: Applying to the Court
If the tenants fail to vacate the property after the expiry of the Section 21 notice, you may need to apply to the court for a possession order. This involves submitting a claim to the court, attending a hearing, and obtaining a possession order which allows bailiffs to evict the tenants if they refuse to leave voluntarily. It is important to follow the correct legal procedures and provide all necessary evidence to support your claim for possession.
In conclusion, getting a Section 21 notice requires careful planning and adherence to the legal requirements set out by the government. By following the steps outlined in this article, you can effectively serve a Section 21 notice and regain possession of your property in a lawful manner. Remember to seek legal advice if you are unsure of the process or require assistance in dealing with difficult tenants.