If you’re a landlord and you need to evict a tenant in England or Wales, one option available to you is to serve a Section 21 notice. This notice is used to evict tenants under an Assured Shorthold Tenancy (AST) agreement when their fixed-term tenancy has ended or during a periodic tenancy. If you’re considering using this route to regain possession of your property, here is a step-by-step guide on how to get a section 21.
1. Check the Validity of the Tenancy
Before serving a Section 21 notice, it’s crucial to ensure that the tenancy is an AST and that all legal requirements have been met. Make sure that your tenant has signed a written tenancy agreement, that the deposit has been protected in a government-approved scheme, and that any required safety certificates are in place.
2. Serve the Prescribed Information
As a landlord, you are required to provide your tenant with a copy of the Government’s “How to Rent” guide and the prescribed information regarding their deposit protection within 30 days of receiving the deposit. Make sure you have served these documents to your tenants before moving forward with a Section 21 notice.
3. Confirm the Tenancy End Date
To serve a Section 21 notice, you must wait until the fixed term of the tenancy has expired. If your tenancy is still within the fixed term, you cannot serve a Section 21 notice until the end of the fixed term. Check your tenancy agreement to confirm the end date before proceeding.
4. Give Sufficient Notice
Under Section 21 of the Housing Act 1988, you must provide your tenant with a minimum of two months’ notice before seeking possession of your property. The notice period must align with the rent due date and be at least two months long. Make sure you calculate the notice period correctly to avoid any delays in the eviction process.
5. Issue the Section 21 Notice
Once you have fulfilled all the requirements mentioned above, you can prepare and serve the Section 21 notice to your 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. Include the date when you want the tenant to vacate the premises, ensuring it complies with the two months’ notice period.
6. Keep Detailed Records
It’s essential to keep a record of all communication and documentation related to serving the Section 21 notice. This includes proof of service, such as a certificate of posting or a signed acknowledgment from the tenant. Having detailed records will help you if there are any disputes or challenges to the eviction process.
7. Wait for the Tenant’s Response
Once you have served the Section 21 notice, you must wait for the tenant’s response. They may choose to vacate the property by the specified date, negotiate a surrender of the tenancy, or dispute the notice. If the tenant does not leave voluntarily, you may need to apply to the court for a possession order.
8. Seek Legal Advice if Needed
If the tenant contests the Section 21 notice or if you encounter any legal challenges during the eviction process, it’s advisable to seek legal advice. A solicitor specializing in landlord and tenant law can help you navigate the complexities of the eviction process and ensure that you follow the correct legal procedures.
9. Apply for a Possession Order
If the tenant fails to vacate the property by the specified date in the Section 21 notice, you can apply to the court for a possession order. The court will review the case and, if satisfied that all legal requirements have been met, grant you possession of the property.
10. Enforce the Possession Order if Necessary
If the tenant still refuses to leave the property after the court has issued a possession order, you may need to take further legal action to enforce the order. This could involve applying for a warrant of possession, which allows bailiffs to evict the tenant forcibly if they do not leave voluntarily.
In conclusion, getting a Section 21 notice is a legal process that requires careful planning and adherence to specific requirements. By following the steps outlined in this guide and seeking legal advice when needed, you can effectively and lawfully evict a tenant under an AST agreement in England or Wales. Remember to keep detailed records, communicate clearly with your tenant, and act in accordance with the law throughout the eviction process.