If you are a landlord and want to regain possession of your property from your tenant, you may need to serve a Section 21 notice A Section 21 notice is a legal document that landlords can use to evict tenants under an assured shorthold tenancy agreement without giving a reason However, there are strict procedures that landlords must follow to ensure the notice is valid Here are five steps to help you get a Section 21 notice:
1 Ensure your tenancy agreement is compliant
Before you can serve a Section 21 notice, you must ensure that your tenancy agreement is compliant with the law This means that you have followed all the necessary steps in setting up the tenancy, including providing the tenant with the prescribed information, protecting their deposit in a government-approved scheme, and issuing the relevant gas safety certificates If any of these requirements have not been met, your Section 21 notice may not be valid, and you will not be able to evict your tenant.
2 Check the timing
You cannot serve a Section 21 notice during the first four months of the tenancy agreement After this initial period, you can serve the notice at any time, providing the correct notice period The notice period must be at least two months, and it must end on the last day of a tenancy period, which is usually the same day of the month that the rent is due Make sure you have calculated the notice period correctly before serving the notice to prevent any delays in the eviction process.
3 Serve the notice correctly
To serve a Section 21 notice, you must give it in writing to your tenant how to get a section 21. This can be through the post or by hand, but it is recommended that you use a method that provides proof of delivery, such as recorded delivery or hand-delivery with a witness present You must also ensure that the notice includes all the necessary information, such as the date the tenant is required to leave the property and the reason for the eviction If any of this information is missing or incorrect, your notice may be deemed invalid.
4 Provide the required evidence
To support your Section 21 notice, you must provide evidence that you have complied with all the legal requirements, such as protecting the tenant’s deposit and providing the necessary documentation This evidence may include copies of the gas safety certificates, the EPC (Energy Performance Certificate), and the prescribed information about the deposit protection scheme Keep a record of all communications with your tenant, including emails, letters, and phone calls, to demonstrate that you have followed the correct procedures.
5 Seek legal advice if necessary
If you are unsure about how to serve a Section 21 notice or if you encounter any problems during the eviction process, it is advisable to seek legal advice from a specialist housing solicitor They will be able to guide you through the process, ensure that you are complying with all the relevant laws and regulations, and help you resolve any disputes with your tenant While using a solicitor may incur extra costs, it can save you time and hassle in the long run and increase the chances of a successful eviction.
In conclusion, getting a Section 21 notice is a legal process that requires landlords to follow strict procedures to ensure its validity By ensuring your tenancy agreement is compliant, checking the timing, serving the notice correctly, providing the required evidence, and seeking legal advice if necessary, you can increase the chances of a successful eviction Remember to always act in accordance with the law and seek professional help if needed to protect your rights as a landlord and regain possession of your property.