If you are a landlord looking to evict your tenants, you may have heard of a Section 21 notice. This is a legal way to evict tenants in England and Wales without having to give a reason. However, there are specific steps that need to be followed in order to successfully obtain a Section 21 notice. In this article, we will discuss the process of how to get a section 21 notice for eviction.
Before we dive into the process, it is important to note that in order to serve a Section 21 notice, certain conditions must be met. These include:
1. The tenancy must be an assured shorthold tenancy (AST)
2. The tenant must have been given the required documents at the start of the tenancy, including a copy of the Energy Performance Certificate (EPC), the Gas Safety Certificate, and the government’s “How to Rent” guide
3. The deposit must be protected in a government-approved deposit protection scheme
4. The landlord must not have breached any regulations such as failing to license a property that requires a license
Assuming that all these conditions are met, here is how you can get a Section 21 notice for eviction:
1. Provide Sufficient Notice
Before you can serve a Section 21 notice, you must provide your tenants with a written notice stating your intention to seek possession of the property. This notice is typically two months but can vary depending on the terms of the tenancy agreement. Make sure to give the notice in writing and keep a copy for your records.
2. Issue the Section 21 Notice
Once the notice period has expired, you can then issue the Section 21 notice. This must be done using a specific form called a Form 6A. This form can be downloaded from the government’s website or obtained from a legal stationery shop. Fill out the form accurately, making sure to include all the necessary details such as the date the notice is served and the date on which possession is required.
3. Serve the Notice
The Section 21 notice must be served on the tenant in a specific way. This can be done either by handing it to the tenant personally, by sending it through the post, or by leaving it at the property. If you are sending it through the post, make sure to use a method that provides proof of delivery such as recorded delivery or first-class post with a certificate of posting.
4. Wait for the Notice Period to Expire
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action. This period is typically two months but can vary depending on the terms of the tenancy agreement.
5. Apply for a Possession Order
If the tenant has not vacated the property by the end of the notice period, you can then apply to the court for a possession order. This can be done using either the standard possession procedure or the accelerated possession procedure, depending on the circumstances of the case.
6. Attend the Court Hearing
If the tenant contests the possession order, a court hearing may be required. Attend the hearing and present your case to the judge, providing any evidence or documentation to support your claim.
7. Obtain a Warrant for Possession
If the court grants you a possession order, the tenant will be given a specified period of time to vacate the property. If they fail to do so, you can apply for a warrant for possession, which will allow bailiffs to evict the tenant from the property.
In conclusion, obtaining a Section 21 notice for eviction can be a complex process that requires careful attention to detail and adherence to the legal requirements. By following the steps outlined above, you can navigate the process successfully and ensure a smooth eviction process.