If you are a landlord in the UK, you may find yourself in a situation where you need to gain possession of your property. One of the most common ways to do so is by issuing a Section 21 notice to your tenants. A Section 21 notice is a legal document that allows you to evict your tenants without having to provide a reason. However, there are specific steps you must follow in order to get a Section 21 notice. Here is a step-by-step guide on how to get a section 21 notice.
1. Check your Tenancy Agreement
Before you can issue a Section 21 notice, you need to ensure that your tenancy agreement is in order. Make sure that your tenancy agreement is up to date and that there are no breaches of the agreement on your part. It is important to note that you cannot issue a Section 21 notice if you have not provided your tenants with a copy of the government’s “How to Rent” guide or if you have not protected their deposit in a government-approved scheme.
2. Give Proper Notice
In order to issue a Section 21 notice, you need to give your tenants at least two months’ notice. The notice period must end on the last day of the tenancy agreement or on the last day of a rent period. If your tenancy agreement is a periodic tenancy, you can give notice at any time. Make sure to provide the notice in writing and keep a copy for your records.
3. Fill out the Form
To issue a Section 21 notice, you need to fill out Form 6A, which is the prescribed form for landlords to use when seeking possession of a property let on an assured shorthold tenancy. You can download Form 6A from the government’s website or obtain it from a legal stationery store. Make sure to fill out the form accurately and include all the necessary information, such as your name, address, the tenant’s name, the address of the property, and the date the notice is served.
4. Serve the Notice
Once you have filled out Form 6A, you can serve the Section 21 notice on your tenants. You can serve the notice by handing it to the tenants in person, by sending it to them through registered mail, or by attaching it to the front door of the property. It is important to note that you cannot use email or text message to serve a Section 21 notice.
5. Await the Expiry of the Notice
After you have served the Section 21 notice on your tenants, you must wait for the notice period to expire. Once the notice period has ended, you can apply to the court for a possession order. If your tenants do not vacate the property by the end of the notice period, you can seek a possession order through the court.
6. Apply to the Court
If your tenants have not vacated the property by the end of the notice period, you can apply to the court for a possession order. You will need to fill out the necessary court forms and provide evidence that you have served the Section 21 notice on your tenants. The court will review your application and, if everything is in order, grant you a possession order.
7. Obtain Possession
Once the court has granted you a possession order, you can take steps to obtain possession of your property. If your tenants still refuse to vacate the property, you can apply for a warrant of possession, which will allow bailiffs to evict the tenants on your behalf. After the tenants have been evicted, you can take back possession of your property.
In conclusion, issuing a Section 21 notice can be a complex process that requires strict adherence to the law. By following the steps outlined in this guide, you can ensure that you get a Section 21 notice legally and effectively. Remember to always seek legal advice if you are unsure about any aspect of the process.