If you are a landlord looking to gain possession of your property in England, one of the most common routes to do so is through a Section 21 notice. In this guide, we will walk you through everything you need to know about how to get a section 21 notice and the steps involved in the process.
What is a Section 21 notice?
A Section 21 notice is a legal document that allows a landlord to regain possession of their property from a tenant without having to provide any specific reason for doing so. This is often referred to as a “no-fault” eviction, as it does not require the tenant to have breached the terms of the tenancy agreement.
In order to serve a Section 21 notice, there are certain requirements that must be met:
1. The tenancy agreement must be an assured shorthold tenancy (AST) – This is the most common type of tenancy agreement in England and is typically used for private rented accommodation.
2. The deposit must be protected in a government-approved scheme – Landlords are required by law to protect their tenant’s deposit in a scheme such as the Deposit Protection Service (DPS), MyDeposits, or the Tenancy Deposit Scheme (TDS).
3. The property must have an Energy Performance Certificate (EPC) – Landlords must provide their tenants with an EPC before the start of the tenancy and must have a valid one in order to serve a Section 21 notice.
4. The landlord must provide the tenant with the prescribed information – This includes details about the deposit protection scheme, a copy of the EPC, and the government’s “How to Rent” guide.
How to serve a Section 21 notice:
1. Give the tenant a minimum of two months’ notice in writing – The notice period must expire after the fixed term of the tenancy or any period of rent specified in the tenancy agreement. It is important to ensure that the notice is served correctly and within the required time frames.
2. Complete the Section 21 notice form – There are two different forms that can be used depending on the circumstances: Form 6A for properties in England and Form 6 for properties in Wales. These forms can be downloaded from the government’s website.
3. Serve the notice to the tenant – The notice can be served by post or in person, but it is recommended to use a method that provides proof of delivery such as recorded delivery or hand delivery with a witness.
4. Keep a record of serving the notice – It is important to keep a copy of the notice and any evidence of serving it, such as a delivery receipt or witness statement.
What to do if the tenant does not leave:
If the tenant does not vacate the property by the end of the notice period, the landlord can proceed with the eviction process through the courts. This involves applying for a possession order from the court, which can lead to bailiffs being instructed to physically remove the tenant from the property.
It is important to note that there are strict rules and procedures that must be followed when seeking possession of a property through a Section 21 notice. Failure to comply with these requirements can result in delays in regaining possession or even the notice being declared invalid.
In conclusion, obtaining a Section 21 notice can be a useful tool for landlords looking to regain possession of their property in England. By following the correct procedures and ensuring that all requirements are met, landlords can successfully serve a Section 21 notice and regain control of their property.