If you are a landlord and you want to end a tenancy agreement, one common way to do so is by issuing a Section 21 notice. A Section 21 notice is a legal document that gives the tenant at least two months’ notice to vacate the property. However, there are certain conditions that must be met before you can issue a Section 21 notice. Here’s a guide on how to get a section 21 notice.
Understand the Legal Requirements
Before you can issue a Section 21 notice, you must ensure that you have met all the legal requirements. The property must be an assured shorthold tenancy (AST) and the deposit must be protected in a government-approved scheme. You must also provide the tenant with a copy of the Energy Performance Certificate (EPC) and the government’s “How to Rent” guide.
Give Proper Notice
Once you have met all the legal requirements, you can issue a Section 21 notice to the tenant. The 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 also provide the tenant with at least two months’ notice to vacate the property.
Serve the Notice Correctly
It is important to serve the Section 21 notice correctly to ensure that it is valid. You can serve the notice by hand, post, or email, depending on the terms of the tenancy agreement. If you are serving the notice by post, it is recommended to use recorded delivery to have proof that the notice was received by the tenant.
Keep a Record of Service
After serving the Section 21 notice, make sure to keep a record of the service. This can be in the form of a letter or email confirming the date that the notice was served and how it was served. It is important to keep accurate records in case there are any disputes later on.
Wait for the Notice Period to Expire
Once the Section 21 notice has been served, you must wait for the two months’ notice period to expire before you can take any further action. During this time, the tenant has the right to remain in the property and can only be evicted with a court order.
Apply to the Court for Possession
If the tenant has not vacated the property by the end of the notice period, you can apply to the court for possession. You must fill out the relevant forms and pay the court fee to start the eviction process. The court will review your case and if everything is in order, they will issue a possession order.
Enforce the Possession Order
Once the court has issued a possession order, you can ask the court bailiffs to enforce the order and evict the tenant from the property. The bailiffs will schedule a date to visit the property and remove the tenant if necessary. It is important to follow the correct procedures and not take matters into your own hands.
In conclusion, getting a Section 21 notice involves following the legal requirements, giving proper notice, serving the notice correctly, keeping records, waiting for the notice period to expire, applying to the court for possession, and enforcing the possession order. By following these steps, you can successfully end a tenancy agreement using a Section 21 notice.