A Guide On How To Get A Section 21
A Section 21 notice, also known as a Section 21 eviction notice, is a legal document used by landlords in England and Wales to evict tenants under assured shorthold tenancies. It allows landlords to regain possession of their property without having to provide a reason for eviction. If you are a landlord looking to serve a Section 21 notice, here is a step-by-step guide on how to get a section 21.
1. Understand the Legal Requirements
Before serving a Section 21 notice, it is crucial to understand the legal requirements associated with it. Make sure that your tenancy agreement is an assured shorthold tenancy (AST) and that you have protected your tenant’s deposit in a government-approved scheme. Additionally, ensure that you have provided your tenant with a copy of the government’s “How to Rent” guide and that you have obtained all the necessary licenses.
2. Serve the correct notice
To serve a Section 21 notice, you must use the correct form. In most cases, you will need to use Form 6A, which is the prescribed form for this purpose. Make sure to fill out the form accurately and provide the required information, such as the date of service and the date by which the tenant is required to vacate the property.
3. Check the Timing
When serving a Section 21 notice, timing is essential. You cannot serve the notice within the first four months of the tenancy, and the notice must give the tenant at least two months’ notice to vacate the property. If the fixed-term tenancy has already ended and the tenancy has entered into a periodic tenancy, the notice period may vary. Check the timing requirements carefully to avoid any potential legal challenges.
4. Serve the notice correctly
Once you have filled out Form 6A correctly, 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 it. Make sure to keep a record of how and when you served the notice, as this may be important if the eviction process is challenged in court.
5. Follow the Correct Procedures
After serving the Section 21 notice, you must follow the correct procedures to evict your tenant legally. If the tenant does not vacate the property by the specified date in the notice, you can apply to the court for a possession order. It is essential to follow the correct procedures and provide the court with all the necessary evidence to support your case.
6. Attend Court Hearings
If your tenant contests the eviction, you may need to attend court hearings to present your case. It is crucial to be prepared and present all relevant documents, such as the tenancy agreement, the Section 21 notice, and any communications with the tenant regarding the eviction. Be prepared to answer any questions the judge may have and present your case clearly and concisely.
7. Obtain a Possession Order
If the court decides in your favor, you will be granted a possession order, which gives you the legal right to evict the tenant from the property. The possession order will specify the date by which the tenant must vacate the property, and if the tenant fails to do so, you can apply for a warrant of possession to have them forcibly removed.
In conclusion, serving a Section 21 notice can be a complex and challenging process for landlords. However, by understanding the legal requirements, serving the correct notice, checking the timing, following the correct procedures, attending court hearings, and obtaining a possession order, you can successfully evict your tenant. If you are unsure about how to get a section 21, consider seeking legal advice or assistance to ensure that you follow the correct procedures and protect your rights as a landlord.