If you are a landlord looking to end a tenancy agreement with your tenant, a Section 21 notice can be an effective way to regain possession of your property. A Section 21 notice, also known as a no-fault eviction notice, allows landlords to evict tenants without providing a specific reason, as long as certain legal requirements are met.
Here is a guide on how to get a section 21 notice:
1. Ensure the Tenancy Agreement is Assured Shorthold Tenancy (AST):
To serve a Section 21 notice, the tenancy agreement must be an Assured Shorthold Tenancy (AST). Most new tenancies in the UK are automatically ASTs unless the property is let as a holiday home, a business tenancy, or the tenant pays more than £100,000 per year in rent.
2. Provide the Relevant Documents to the Tenant:
Before serving a Section 21 notice, landlords must provide tenants with the following documents:
– A copy of the Energy Performance Certificate (EPC) for the property
– A copy of the Government’s “How to Rent” guide
– A valid Gas Safety Certificate (if applicable)
It is crucial to ensure that all these documents are provided to the tenant before serving the Section 21 notice, as failure to do so can invalidate the notice.
3. Determine the Correct Notice Period:
The notice period required for a Section 21 notice depends on the type of tenancy agreement and when the notice is served. For ASTs granted or renewed on or after October 1, 2015, landlords must provide tenants with a minimum of 2 months’ notice. However, the notice period may vary if the tenancy agreement was entered into before this date.
4. Complete the Section 21 Notice Form:
To serve a Section 21 notice, landlords must complete Form 6A, which is the standard form issued by the government for no-fault evictions. The form must include all the necessary information, such as the names of the landlord and tenant, the address of the property, and the date the notice is served.
5. Serve the Section 21 Notice Correctly:
Once the Section 21 notice is completed, landlords must serve it to the tenant in the correct manner. The notice can be served by hand, by post, or by email if the tenant has agreed to receive notices electronically. It is advisable to use a method that provides proof of delivery, such as recorded delivery for postal notices.
6. Keep Records of Service:
Landlords should keep detailed records of how and when the Section 21 notice was served to the tenant. This includes keeping a copy of the notice, proof of delivery, and any communication with the tenant regarding the notice. These records may be required in case the eviction process is challenged in court.
7. Wait for the Notice Period to Expire:
After serving the Section 21 notice, landlords must wait for the notice period to expire before taking any further action. If the tenant does not vacate the property voluntarily by the end of the notice period, landlords can apply to the court for a possession order.
In conclusion, serving a Section 21 notice requires landlords to follow specific legal procedures to ensure its validity. By understanding the steps involved and meeting the necessary requirements, landlords can successfully regain possession of their property through a Section 21 notice.