If you’re a landlord looking to evict a tenant in England, one of the most common ways to do so is by issuing a Section 21 notice. This notice, also known as a “no-fault” eviction notice, allows landlords to evict tenants without providing a reason. However, getting a Section 21 notice requires strict adherence to the law and proper procedures. In this guide, we’ll walk you through the steps on how to get a section 21 notice.
1. Make sure your tenancy agreement is valid
Before you can issue a Section 21 notice, you must ensure that your tenancy agreement is valid and meets the legal requirements. This includes providing your tenants with a copy of the How to Rent guide, protecting their deposit in a government-approved scheme, and ensuring that the property meets all health and safety regulations.
2. Check if your property is eligible for a Section 21 notice
Not all rented properties are eligible for a Section 21 notice. For example, properties with an HMO (House in Multiple Occupation) license or those that have not met certain legal requirements may not be eligible. Make sure to check if your property meets the criteria before proceeding with the eviction process.
3. Serve the correct notice
To issue a Section 21 notice, you must serve the correct notice to your tenant. This can be done in two ways: using Form 6A (if your tenancy started after October 1, 2015) or using a written notice (if your tenancy started before October 1, 2015). The notice must give your tenant at least two months’ notice to vacate the property.
4. Keep records of communication
It’s essential to keep records of all communication with your tenant throughout the eviction process. This includes keeping copies of the Section 21 notice, any correspondence with your tenant, and proof of service of the notice. Having these records on hand can help support your case if the eviction process is challenged.
5. Wait for the notice period to expire
Once you’ve served the Section 21 notice to your tenant, you must wait for the notice period to expire before taking any further action. During this time, your tenant has the right to vacate the property or challenge the notice in court. If your tenant does not move out by the end of the notice period, you can proceed with the next steps in the eviction process.
6. Apply to the court for a possession order
If your tenant does not vacate the property after the Section 21 notice has expired, you can apply to the court for a possession order. This involves filling out the necessary forms and attending a court hearing to present your case. If the court grants the possession order, your tenant will be legally required to vacate the property by a specified date.
7. Enforce the possession order
If your tenant fails to move out by the date specified in the possession order, you can apply for a warrant of possession. This grants bailiffs the authority to evict the tenant from the property forcibly. Keep in mind that evicting a tenant through bailiffs can be a time-consuming and expensive process, so it’s best to try to resolve the situation amicably if possible.
In conclusion, getting a Section 21 notice involves following the correct procedures and ensuring that you have met all legal requirements. By carefully documenting communication with your tenant, serving the correct notice, and waiting for the notice period to expire, you can successfully evict a tenant using a Section 21 notice. Remember that it’s essential to seek legal advice if you’re unsure about any step in the eviction process to avoid any potential issues down the line.