If you’re a landlord looking to regain possession of your property in England or Wales, a Section 21 notice could be your best option This legal document allows you to evict your tenants without having to provide a reason, as long as you follow the correct procedures In this ultimate guide, we will walk you through the steps on how to get a Section 21 notice.
Before serving a Section 21 notice, there are a few key requirements that you must meet Firstly, ensure that your tenants have an assured shorthold tenancy (AST) agreement Secondly, make sure that you have protected your tenants’ deposit in a government-approved deposit protection scheme Lastly, be sure to provide your tenants with a copy of the government’s “How to Rent” guide at the start of their tenancy.
Once you have met these requirements, you can proceed with serving a Section 21 notice Here’s how to get started:
1 Check the Validity of Your Tenancy Agreement: Before serving a Section 21 notice, review your tenancy agreement to ensure that it complies with all legal requirements Make sure that the agreement is up to date, signed by both parties, and includes the correct information about the property and the tenancy.
2 Provide Proper Notice: In most cases, you will need to give your tenants at least two months’ notice before you can apply for a possession order The notice period must end on the last day of the tenancy period, which is usually the day before rent is due Make sure to serve the notice in writing and keep a record of the date it was sent.
3 Use the Correct Form: When serving a Section 21 notice, you must use the correct form prescribed by the government The most commonly used form is Form 6A for properties in England and Form 6A for properties in Wales how to get section 21 notice. These forms can be downloaded from the government’s website or obtained from a legal stationery shop.
4 Serve the Notice Properly: To ensure that the Section 21 notice is valid, you must serve it in the correct way You can deliver the notice by hand, post it through the letterbox, or send it by recorded delivery It is important to keep proof of service, such as a witness statement or a receipt from the post office.
5 Wait for the Notice Period to Expire: Once you have served the Section 21 notice, you will need to wait for the notice period to expire before taking further action During this time, your tenants have the right to remain in the property and cannot be evicted without a possession order from the court.
6 Apply for a Possession Order: If your tenants do not leave the property after the notice period has expired, you will need to apply for a possession order from the court The court will review your case and, if everything is in order, grant you a possession order, allowing you to evict your tenants.
7 Arrange for Eviction: Once you have obtained a possession order, you can arrange for the eviction of your tenants You can either hire bailiffs to carry out the eviction or ask your tenants to leave voluntarily It is important to follow the correct procedures and ensure that the eviction is carried out legally.
By following these steps, you can successfully serve a Section 21 notice and regain possession of your property Remember to always seek legal advice if you are unsure about the process or if you encounter any difficulties along the way With the right guidance and preparation, you can navigate the complexities of serving a Section 21 notice with confidence.