If you are a landlord looking to regain possession of your property from a tenant, one of the most common routes to take is through a Section 21 notice This legal notice allows you to legally evict your tenant without providing a reason, as long as you follow the correct procedures Here is a step-by-step guide on how to get a Section 21 notice.
1 Ensure Your Tenancy Agreement Allows for a Section 21 Notice
Before you can proceed with issuing a Section 21 notice, you need to ensure that your tenancy agreement allows for it Not all tenancy agreements include a Section 21 clause, so check your agreement carefully If your agreement does not have this clause, you will need to wait until the end of the fixed term or seek legal advice on alternative methods of eviction.
2 Provide the Required Documentation
To serve a Section 21 notice, you must provide your tenant with certain documentation, including an Energy Performance Certificate (EPC), the property’s Gas Safety Certificate, and the government’s “How to Rent” guide It is crucial to ensure that all of these documents are valid and up to date before issuing the notice.
3 Give Your Tenant the Correct Notice Period
Once you have all the necessary documentation in place, you can proceed to serve your tenant with a Section 21 notice The notice period required will depend on the type of tenancy agreement in place For a periodic tenancy, you must give your tenant at least two months’ notice For a fixed-term tenancy, the notice period cannot expire before the end of the fixed term.
4 Complete the Section 21 Notice Form
To formally issue a Section 21 notice, you must complete the prescribed Form 6A, which is available on the government’s website how to get section 21 notice. This form asks for details such as the property address, the date the notice is served, and the date the tenant is required to leave the property Make sure to fill out the form accurately to avoid any issues later on.
5 Serve the Notice Correctly
It is essential to serve the Section 21 notice correctly to ensure its validity You can serve the notice by post or in person, but it is advisable to use a method that provides proof of delivery, such as recorded delivery or hand-delivery with a witness Keep a copy of the notice and proof of service for your records.
6 Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before taking any further action During this time, you cannot harass or pressure your tenant to leave the property, as this could be considered illegal eviction Once the notice period has passed, you can apply to the court for a possession order if the tenant has not vacated the property.
7 Apply to the Court for a Possession Order
If your tenant has not vacated the property by the end of the notice period, you can apply to the court for a possession order This involves completing a claim form and supporting documents and paying a fee The court will review your case and, if successful, grant you a possession order, allowing you to take back possession of your property.
In conclusion, getting a Section 21 notice involves following the correct procedures and ensuring all necessary documentation is in place By carefully completing the required steps, you can legally evict your tenant without providing a reason, allowing you to regain possession of your property.