If you are a landlord looking to regain possession of your property from your tenants, a Section 21 notice is one of the most common legal methods to do so. It is important to follow the correct procedures when serving a Section 21 notice to ensure that it is valid. In this article, we will discuss everything you need to know about how to get a section 21 notice.
What is a Section 21 notice?
A Section 21 notice is a legal notice that a landlord can serve to a tenant to regain possession of the property at the end of a fixed-term tenancy agreement or during a periodic tenancy. Unlike a Section 8 notice, a Section 21 notice does not require the landlord to provide a reason for wanting possession of the property.
When can you serve a Section 21 notice?
In order to serve a Section 21 notice, there are several requirements that must be met:
1. The tenancy agreement must be an assured shorthold tenancy (AST)
2. The fixed term of the tenancy must have expired, or you must be giving notice at least two months before the end of the fixed term
3. The tenant must have been given the required information at the start of the tenancy, such as the Energy Performance Certificate (EPC), Gas Safety Certificate, and How to Rent guide
How to serve a Section 21 notice
There are several steps that you need to follow in order to serve a valid Section 21 notice:
1. Provide the tenant with a copy of the How to Rent guide
2. Ensure that the property meets the required standards, such as having a valid EPC and Gas Safety Certificate
3. Fill out the Section 21 notice form (Form 6A) with all the necessary details, such as the property address, date of service, and date the tenant is required to vacate the property
4. Serve the Section 21 notice to the tenant by either handing it to them in person, sending it via first class post, or using a method of delivery that provides proof of postage
It is important to keep a record of how and when the Section 21 notice was served in case you need to provide evidence in court.
What to do if the tenant does not vacate the property
If the tenant does not vacate the property by the date specified in the Section 21 notice, you will need to apply to the court for a possession order. This can be done through either the accelerated possession procedure (if you are not seeking rent arrears) or the standard possession procedure (if you are seeking rent arrears).
It is important to note that if the court finds that the Section 21 notice was not served correctly or that the property does not meet the required standards, the possession order may be refused. This is why it is essential to follow the correct procedures when serving a Section 21 notice.
Conclusion
Getting a Section 21 notice is a common legal method for landlords to regain possession of their property. By following the correct procedures and ensuring that all requirements are met, you can successfully serve a Section 21 notice and regain possession of your property.
If you are unsure about how to serve a Section 21 notice, it is recommended to seek legal advice to ensure that you are following the correct procedures. By doing so, you can avoid any potential complications and ensure a smooth process of regaining possession of your property.