A Step-by-Step Guide To Getting A Section 21
If you are a landlord in the UK, you may be familiar with Section 21 notices. Issuing a Section 21 notice is the first step in the process of evicting a tenant from your property. However, getting a Section 21 can be a complex and confusing process. In this article, we will provide you with a step-by-step guide on how to get a section 21.
1. Understand the Requirements
Before you can issue a Section 21 notice, you must ensure that you meet all the legal requirements. These requirements include having a valid Assured Shorthold Tenancy (AST) agreement, protecting your tenant’s deposit in a government-approved scheme, providing your tenant with a copy of the Energy Performance Certificate (EPC) and Gas Safety Certificate, and ensuring that you have complied with all relevant laws and regulations.
2. Give Proper Notice
In order to issue a Section 21 notice, you must give your tenant proper notice. The notice period required will depend on the type of tenancy agreement you have. For a fixed-term tenancy, you must give your tenant at least two months’ notice. For a periodic tenancy, you must give your tenant at least two rental periods’ notice.
3. Use the Correct Form
When issuing a Section 21 notice, you must use the correct form. The form you use will depend on whether your tenancy agreement is written or verbal. If your tenancy agreement is in writing, you must use Form 6A. If your tenancy agreement is verbal, you can use a letter stating that you are giving your tenant notice under Section 21 of the Housing Act 1988.
4. Serve the Notice Properly
Once you have completed the form or letter, you must serve the notice on your tenant. You can serve the notice in person, by post, or by email if your tenancy agreement allows for it. It is important to keep proof of service in case you need to prove that you served the notice at a later date.
5. Wait for the Notice Period to Expire
After serving the Section 21 notice, you must wait for the notice period to expire before you can take further action. During this time, you cannot take any steps to evict your tenant, such as changing the locks or harassing them.
6. Apply to the Court
If your tenant does not leave the property by the end of the notice period, you will need to apply to the court for a possession order. This involves filling out the correct court forms and paying the necessary fees. A judge will then review your case and decide whether to grant you a possession order.
7. Enforce the Possession Order
If the court grants you a possession order, your tenant will be required to leave the property by a certain date. If they refuse to leave, you can apply for a warrant of possession, which allows the court bailiffs to remove them from the property.
In conclusion, getting a Section 21 notice can be a complex and time-consuming process. However, by following the steps outlined in this article, you can ensure that you are following the correct procedures and increase your chances of successfully evicting your tenant. Remember to seek legal advice if you are unsure about any aspect of the process, as mistakes can be costly and cause delays in regaining possession of your property.