If you are a landlord looking to regain possession of your property, you may be considering serving a Section 21 notice This notice, also known as a no-fault eviction notice, allows you to ask your tenants to leave the property without giving a reason However, there are strict rules and procedures that must be followed in order to successfully serve a Section 21 notice In this article, we will discuss the steps you need to take 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 necessary requirements These include:
– The property must be an assured shorthold tenancy (AST).
– The tenant’s deposit must be protected in a government-approved scheme.
– You must provide the tenant with a copy of the gas safety certificate and an Energy Performance Certificate (EPC).
– You must have given the tenant a copy of the government’s “How to Rent” guide.
If you have met all these requirements, you can proceed with serving the Section 21 notice.
2 Serve the Notice Correctly
To serve a Section 21 notice, you must use the correct form There are two different forms depending on when the tenancy started:
– Form 6A: This form is used for tenancies that started on or after October 1, 2015.
– Section 21 notice: This form is used for tenancies that started before October 1, 2015.
Make sure to fill out the form correctly and provide all the required information, including the dates the notice is served and the date by which the tenant must leave the property.
3 Give the Tenant Sufficient Notice
You must give the tenant at least two months’ notice before the date on which you want them to leave the property If the tenant’s tenancy agreement specifies a longer notice period, you must abide by this agreement.
4 Consider the Fixed Term of the Tenancy
If the fixed term of the tenancy has not yet expired, you cannot serve a Section 21 notice You must wait until the end of the fixed term before serving the notice.
5 how to get a section 21 notice. Check for Local Licensing Requirements
Some areas may have additional licensing requirements that landlords must comply with before serving a Section 21 notice Make sure to check the local regulations in your area to ensure that you are in compliance.
6 Seek Legal Advice if Necessary
If you are unsure about any aspect of serving a Section 21 notice, it is recommended that you seek legal advice A solicitor specialising in landlord and tenant law can help guide you through the process and ensure that you are following the correct procedures.
7 Serve the Notice in the Correct Manner
Once you have completed all the necessary steps, you can serve the Section 21 notice to the tenant You can do this by delivering the notice by hand or sending it by post It is advisable to keep a record of how and when the notice was served in case there are any disputes in the future.
8 Follow Up if Necessary
If the tenant does not leave the property by the date specified in the Section 21 notice, you may need to take further action to regain possession of the property This could involve applying to the court for a possession order.
In conclusion, serving a Section 21 notice is a process that requires careful attention to detail and compliance with the relevant legal requirements By following the steps outlined in this article and seeking legal advice if necessary, you can successfully serve a Section 21 notice and regain possession of your property in a timely manner.