If you are a landlord looking to evict a tenant in England, one of the tools you have at your disposal is a Section 21 notice This notice allows you to ask your tenants to leave the property without providing a reason, as long as certain legal requirements are met In this article, we will outline the steps you need to take to get a Section 21 notice.
1 Make sure your tenancy is an assured shorthold tenancy
In order to serve a Section 21 notice, your tenancy agreement must be an assured shorthold tenancy (AST) This is the most common type of tenancy agreement for private rented properties in England If your tenancy does not meet this criteria, you will not be able to evict your tenant using a Section 21 notice.
2 Provide your tenants with a valid gas safety certificate
Before you can serve a Section 21 notice, you must provide your tenants with a valid gas safety certificate This certificate must be given to the tenant at the start of the tenancy, and a copy must be provided to them every 12 months If you fail to provide this certificate, you will not be able to use a Section 21 notice to evict your tenants.
3 Ensure that the deposit is protected in a tenancy deposit scheme
Another requirement for serving a Section 21 notice is that the tenant’s deposit must be protected in a government-approved tenancy deposit scheme You must also provide your tenants with certain prescribed information about the scheme within 30 days of receiving the deposit Failure to comply with these regulations will render any Section 21 notice invalid.
4 how to get section 21 notice. Give the tenants the necessary documents
Before you can serve a Section 21 notice, you must provide your tenants with a copy of the energy performance certificate for the property, a copy of the government’s new “How to Rent” guide, and a copy of the property’s current gas safety certificate These documents must be provided to the tenant at the start of the tenancy, and again each time they are renewed.
5 Wait for the right time to serve the notice
Under current legislation, you cannot serve a Section 21 notice within the first four months of the tenancy After this initial period, you can serve the notice at any time, but you must give your tenants at least two months’ notice before the date on which you want them to leave the property.
6 Draft and serve the Section 21 notice
Once you have met all the legal requirements, you can draft and serve the Section 21 notice to your tenants This notice must be in writing, and it must specify the date on which you want the tenants to leave the property It is crucial to ensure that the notice is correctly drafted and served, as any mistakes could render it invalid and delay the eviction process.
7 Seek legal advice if necessary
If you are unsure about any aspect of serving a Section 21 notice, or if you encounter any issues during the eviction process, it is advisable to seek legal advice A solicitor who specializes in landlord and tenant law will be able to guide you through the process and ensure that you are following the correct procedures.
In conclusion, getting a Section 21 notice involves several steps that must be followed carefully to ensure a successful eviction By ensuring that your tenancy meets the legal requirements, providing your tenants with the necessary documents, and serving the notice at the right time, you can effectively use this tool to regain possession of your property If you are unsure about any aspect of the process, seeking legal advice is always recommended to avoid any potential pitfalls.