If you are a landlord looking to regain possession of your property, you may need to serve a Section 21 notice to your tenants. A Section 21 notice is a legal document that gives tenants at least two months’ notice to vacate the property. However, there are specific requirements and procedures that landlords must follow in order to serve a valid Section 21 notice. Here is a step-by-step guide on how to get a section 21 notice:
1. Check if you are eligible to serve a Section 21 notice
Before you can serve a Section 21 notice, you need to make sure that you are eligible to do so. You can only serve a Section 21 notice if you have protected your tenant’s deposit in a government-approved scheme, provided the tenant with a valid Gas Safety Certificate, and given the tenant a copy of the “How to Rent” guide.
2. Give your tenants the required notice
In order to serve a Section 21 notice, you must give your tenants at least two months’ notice to vacate the property. This notice period must coincide with the end of the fixed term of the tenancy agreement or the end of a rent period if the tenancy is a periodic tenancy.
3. Draft the Section 21 notice
The Section 21 notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. You must include the date on which the notice is served, the address of the property, and the date on which the tenant is required to vacate the property.
4. Serve the Section 21 notice
Once you have drafted the Section 21 notice, you must serve it on your tenants. You can do this by hand delivering the notice to the tenants or sending it by first-class post. It is important to keep proof of service in case you need to provide evidence that the notice was served.
5. Wait for the notice period to expire
After serving the Section 21 notice, you must wait for the two-month notice period to expire before taking any further action. If the tenants do not vacate the property by the specified date, you can then apply to the court for a possession order.
6. Apply for a possession order
If the tenants fail to vacate the property after the expiry of the Section 21 notice, you can apply to the court for a possession order. You will need to complete the necessary paperwork and pay a fee to the court. The court will then set a date for a hearing to determine whether a possession order should be granted.
7. Attend the court hearing
At the court hearing, you will need to present your case to the judge and provide evidence that you have followed the correct procedures in serving the Section 21 notice. If the judge is satisfied that you have met all the requirements, they will grant you a possession order, which will give the tenants a specified period of time to vacate the property.
In conclusion, serving a Section 21 notice can be a complex process, but by following these steps, you can ensure that you are taking the correct legal steps to regain possession of your property. It is important to seek legal advice if you are unsure about any aspect of serving a Section 21 notice to avoid any potential issues in the future.