If you are a landlord and want to evict a tenant from your property in England or Wales, you may consider serving them with a Section 21 notice. This notice is commonly used for assured shorthold tenancies, where the tenant has not breached the terms of the tenancy agreement but the landlord wants to end the tenancy for other reasons.
Here is a step-by-step guide on how to get a section 21 notice:
1. Ensure Your Tenancy Agreement is Valid: Before you can serve a Section 21 notice, you must have a valid tenancy agreement in place. The agreement must be an assured shorthold tenancy and should clearly outline the terms of the tenancy, including the duration of the tenancy and the notice period required.
2. Provide the Tenant with the Prescribed Information: As a landlord, you are required to provide your tenant with certain information at the beginning of the tenancy. This includes a copy of the Energy Performance Certificate for the property, the Gas Safety Certificate, and the government’s How to Rent guide. Make sure you have provided this information to the tenant before serving a Section 21 notice.
3. Check if the Property is Licensed: In some areas, landlords are required to have a license in order to rent out their property. Before serving a Section 21 notice, make sure your property is appropriately licensed. Failure to comply with licensing requirements may invalidate your Section 21 notice.
4. Determine the Correct Notice Period: The notice period required for a Section 21 notice depends on the terms of the tenancy agreement. If the tenancy started on or after October 1, 2015, the notice period must be at least two months. However, if the tenancy agreement was entered into before that date, different notice periods may apply.
5. Use the Correct Form: When serving a Section 21 notice, you must use the correct form prescribed by the government. Form 6A is the standard form used for assured shorthold tenancies in England, while Form 6A is used for tenancies in Wales. Make sure you use the appropriate form to avoid any potential legal challenges.
6. Serve the Notice Correctly: In order for a Section 21 notice to be valid, it must be served correctly on the tenant. This can be done in person, by post, or by email, depending on the terms of the tenancy agreement. Make sure you keep proof of service in case the tenant disputes receiving the notice.
7. Give the Tenant Sufficient Time to Vacate: Once the Section 21 notice has been served, the tenant is entitled to remain in the property until the notice period has expired. If the tenant does not vacate the property by the end of the notice period, you may then apply to the court for a possession order.
8. Follow the Correct Procedure: If the tenant fails to vacate the property after the Section 21 notice has expired, you must follow the correct legal procedure to obtain possession of the property. This may involve applying to the court for a possession order, which will set out a date by which the tenant must leave the property.
By following these steps, you can successfully serve a Section 21 notice and regain possession of your property from a tenant. Remember to always seek legal advice if you are unsure about the process or your rights as a landlord.
Understanding How to Get a Section 21 Notice