If you’re a landlord in the UK, there may come a time when you need to regain possession of your property One way to do this is by serving a Section 21 notice to your tenant This notice is commonly referred to as a “no-fault eviction” because you don’t need to provide a reason for wanting the tenant to leave In this article, we will discuss how you can get a Section 21 and the steps you need to take to do so.
First and foremost, it’s important to understand when you can serve a Section 21 notice You can only do this if your tenancy is an assured shorthold tenancy (AST) Additionally, you need to ensure that you have protected your tenant’s deposit in a government-approved scheme and provided them with all the necessary documentation, such as an Energy Performance Certificate (EPC) and a Gas Safety Certificate.
Once you have met these requirements, you can proceed with serving the Section 21 notice This notice must be in writing and give the tenant at least two months’ notice to vacate the property You can serve the notice either during the fixed term of the tenancy or after it has expired However, if you serve the notice during the fixed term, the notice period cannot end before the end of the fixed term.
To serve a Section 21 notice, you can use Form 6A, which is the prescribed form for this purpose You can download this form from the government’s website or obtain it from a stationery shop It’s essential to fill out the form accurately and provide all the required information, such as the address of the property, the names of the landlord and tenant, and the date on which the notice is served.
After serving the Section 21 notice, you need to wait for the two-month notice period to expire If the tenant doesn’t vacate the property by the specified date, you can apply to the court for a possession order how to get a section 21. To do this, you will need to complete Form N5B, which is the claim form for possession of property You will also need to pay a court fee, which can vary depending on the size of the property.
Once you have filed the claim form with the court, a hearing will be scheduled where a judge will consider your case If the judge is satisfied that you have followed the correct procedures and that the Section 21 notice is valid, they will issue a possession order This order will typically give the tenant 14 days to vacate the property voluntarily.
If the tenant still doesn’t leave after the 14-day period, you can apply for a warrant of possession This document gives the court bailiffs the authority to evict the tenant forcibly if necessary The bailiffs will attend the property on the specified date and remove the tenant, along with their belongings, if they refuse to leave.
In some cases, the tenant may challenge the Section 21 notice or raise a defense in court This could delay the eviction process and require you to attend further hearings It’s essential to seek legal advice if this happens to ensure that you follow the correct procedures and protect your interests.
In conclusion, getting a Section 21 notice is a legal process that landlords can use to regain possession of their property By following the steps outlined in this article and ensuring that you comply with all the necessary requirements, you can successfully serve a Section 21 notice and evict your tenant if needed Remember to always seek legal advice if you’re unsure about any aspect of the process to avoid any potential pitfalls.