If you’re a landlord looking to regain possession of your property from your tenants, issuing a Section 21 notice may be the right course of action. Also known as an eviction notice, a Section 21 notice is used when a landlord wants to end a fixed-term assured shorthold tenancy agreement and regain possession of their property.
Here is a step-by-step guide on how to get a section 21 notice:
1. Check your eligibility:
Before issuing a Section 21 notice, landlords must ensure that they meet all the legal requirements. This includes ensuring that the tenants have a written tenancy agreement, that the deposit has been protected in a government-approved scheme, and that they have provided the tenants with certain documents such as the EPC and the latest Gas Safety Certificate.
2. Check the timing:
Landlords cannot issue a Section 21 notice within the first four months of the tenancy agreement. Additionally, the notice must provide at least two months’ notice and expire on the last day of a rental period.
3. Serve the Section 21 notice:
The next step is to serve the Section 21 notice to the tenants. This can be done in person, by post, or by email if the tenancy agreement allows for it. It is crucial to keep proof of service in case of any disputes later on.
4. Wait for the notice period to end:
After serving the Section 21 notice, landlords must wait for the notice period to expire. During this time, it is important not to engage in any behavior that could be seen as harassment or illegal eviction.
5. Apply to the court:
If the tenants do not vacate the property by the end of the notice period, landlords can apply to the court for a possession order. This can usually be done online, and landlords will need to provide evidence that they have followed all the correct procedures.
6. Attend the court hearing:
Once the court receives the application, a hearing date will be set. Both parties will have the opportunity to present their case, and the judge will make a decision based on the evidence provided.
7. Obtain a possession order:
If the judge rules in favor of the landlord, they will be granted a possession order. This gives the tenants a specific date by which they must vacate the property, usually within 14 to 42 days.
8. Enforce the possession order:
If the tenants still refuse to leave the property after the possession order has expired, landlords can apply for a warrant of possession. This allows bailiffs to evict the tenants forcibly if necessary.
It is important to note that landlords must follow all the correct procedures and legal requirements when issuing a Section 21 notice. Failure to do so could result in the notice being deemed invalid, and landlords having to start the process again from the beginning.
In conclusion, getting a Section 21 notice can be a complex and time-consuming process. However, by following the steps outlined above and seeking legal advice if needed, landlords can successfully regain possession of their property from their tenants.