If you are a landlord and find yourself in need of possession of your property, serving a section 21 notice may be the best course of action. A section 21 notice is typically used when a landlord wants to evict a tenant at the end of a fixed-term tenancy or during a periodic tenancy. It is a legal document that gives the tenant at least two months’ notice to vacate the property.
To successfully gain possession of your property through a section 21 notice, there are certain steps you need to follow. Here is a comprehensive guide on how to get a section 21 notice:
1. Ensure you have the right to issue a section 21 notice: Before you can serve a section 21 notice, you must ensure that you have the legal right to do so. This includes having protected your tenant’s deposit in a government-approved scheme, providing them with a copy of the property’s energy performance certificate, and issuing them with the latest version of the government’s “How to Rent” guide.
2. Wait until the fixed term has ended: If you have a fixed-term tenancy agreement, you cannot issue a section 21 notice until the fixed term has ended. Once the fixed term has passed, you can serve the notice at any time during the periodic tenancy.
3. Draft the section 21 notice: The section 21 notice must be in writing and clearly state the date on which you want the tenant to leave the property. You can use a template form provided by the government or seek the help of a legal professional to draft the notice.
4. Serve the section 21 notice: Once you have drafted the section 21 notice, you must serve it to the tenant in the correct manner. This can be done by post or by hand, but it is recommended to use recorded delivery to ensure proof of service.
5. Keep a record of the service: It is essential to keep a record of how and when the section 21 notice was served to the tenant. This includes keeping copies of any correspondence, receipts, or records of delivery.
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. The notice period is usually at least two months, but it can be longer depending on the terms of the tenancy agreement.
7. Apply to the court for a possession order: If the tenant refuses to vacate the property after the section 21 notice has expired, you can apply to the court for a possession order. The court will review the case and, if satisfied, grant the possession order, allowing you to legally evict the tenant.
8. Enforce the possession order if necessary: If the tenant still refuses to leave the property after the court has granted a possession order, you may need to enlist the help of bailiffs to carry out the eviction.
In summary, getting a section 21 notice involves following a series of legal steps to ensure that you can successfully gain possession of your property. By understanding the process and seeking the necessary advice and guidance, you can navigate the complexities of serving a section 21 notice and protect your rights as a landlord.
Whether you are a new landlord or have years of experience, knowing how to get a section 21 notice is essential for managing your properties effectively and ensuring a smooth tenancy process. By following the guidelines outlined in this article, you can confidently navigate the process of serving a section 21 notice and reclaiming possession of your property when needed.