A Step-by-Step Guide On How To Get A Section 21 Notice
If you are a landlord looking to regain possession of your property in England, one of the options available to you is to serve a Section 21 notice. A Section 21 notice is a notice that gives a tenant a minimum of two months’ notice to vacate the property. It is commonly used by landlords when they want to evict a tenant who has not breached the terms of the tenancy agreement.
Here is a step-by-step guide on how to get a section 21 notice:
1. Understand the requirements: Before you can serve a Section 21 notice, you must ensure that you have met all the legal requirements. This includes providing your tenant with a copy of the latest version of the government’s “How to Rent” guide, securing the tenant’s deposit in a deposit protection scheme, and ensuring that the property meets the required standards for health and safety.
2. Check the type of tenancy: A Section 21 notice can only be used for assured shorthold tenancies. If the tenancy is not an assured shorthold tenancy, you will not be able to use a Section 21 notice.
3. Serve the notice correctly: To serve a Section 21 notice, you must provide the tenant with a written notice that clearly states that you are seeking possession of the property under Section 21 of the Housing Act 1988. The notice must also provide the tenant with at least two months’ notice to vacate the property.
4. Use the correct form: There are two forms that can be used to serve a Section 21 notice – Form 6A for properties in England and Form 6B for properties in Wales. Make sure you use the correct form for the jurisdiction in which the property is located.
5. Keep records: It is important to keep a record of when and how you served the Section 21 notice. This can be done by sending the notice via recorded delivery or by having an independent witness present when the notice is served.
6. 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 you can take any further action. If the tenant does not vacate the property voluntarily after the notice period has expired, you can apply to the court for a possession order.
7. Seek legal advice if necessary: If you are unsure about the process of serving a Section 21 notice or if you encounter any issues with your tenant, it is always advisable to seek legal advice. A solicitor who specializes in landlord and tenant law will be able to guide you through the process and help you navigate any legal challenges that may arise.
In conclusion, serving a Section 21 notice is a legal process that landlords can use to regain possession of their property. By following the steps outlined in this guide and ensuring that you meet all the legal requirements, you can successfully serve a Section 21 notice and evict a tenant who is not complying with the terms of the tenancy agreement.