A Step-by-Step Guide On How To Get A Section 21 Notice

A Section 21 Notice, also known as a Section 21 eviction notice, is a legal document used by landlords in England and Wales to regain possession of their property from tenants. If you are a landlord looking to evict a tenant under Section 21 of the Housing Act 1988, here is a step-by-step guide on how to get a section 21 notice.

1. Understand the Requirements

Before you can serve a Section 21 Notice, there are certain requirements that must be met. These include ensuring that your tenants have a written tenancy agreement, protecting their deposit in a government-approved scheme, providing them with a copy of the government’s “How to Rent” guide, and ensuring that the property meets the required standards for health and safety.

2. Check the Type of Tenancy

It’s important to determine what type of tenancy your tenants have before proceeding with a Section 21 Notice. This could be either an assured shorthold tenancy (AST) or a periodic tenancy. A Section 21 Notice can only be used for ASTs, which are the most common type of tenancy in England and Wales.

3. Give Proper Notice

Under Section 21 of the Housing Act 1988, landlords are required to provide tenants with at least two months’ notice before seeking possession of the property. This notice period can vary depending on the terms of the tenancy agreement, so it’s essential to check the agreement to ensure compliance.

4. Serve the Section 21 Notice

Once you have met all the requirements and given the appropriate notice period, you can serve the Section 21 Notice to your tenants. This can be done either by delivering it in person, sending it by post, or using a professional process server. It’s vital to keep a record of how and when the notice was served in case any disputes arise later.

5. Wait for the Notice Period to Expire

After serving the Section 21 Notice, you must wait for the notice period to expire before taking any further action. During this time, your tenants have the right to stay in the property and cannot be forced to leave until the notice period has elapsed.

6. Apply to the Court

If your tenants fail to vacate the property after the notice period has expired, you can apply to the court for a possession order. This can be done using either the accelerated possession procedure or the standard possession procedure, depending on the circumstances of the case.

7. Attend the Court Hearing

If your application for a possession order is contested by your tenants, a court hearing will be scheduled to resolve the dispute. It’s essential to attend the hearing and present your case to the judge, providing any necessary evidence or documentation to support your claim.

8. Obtain a Possession Order

If the judge rules in your favor, you will be granted a possession order, giving your tenants a specified period to vacate the property. If they fail to do so, you may need to apply for a warrant of possession to have them physically removed by bailiffs.

In conclusion, obtaining a Section 21 Notice can be a complex and time-consuming process, requiring careful attention to detail and adherence to legal requirements. By following the steps outlined above and seeking legal guidance if needed, landlords can effectively use Section 21 to regain possession of their property from tenants who have breached the terms of their tenancy agreement.