If you are a landlord looking to take possession of your property, issuing a Section 21 notice may be the route you need to take. A Section 21 notice is a legal notice used by landlords in England and Wales to evict tenants who are on a fixed-term assured shorthold tenancy or periodic assured shorthold tenancy. It is important to follow the correct procedure to ensure that the notice is valid and enforceable. Here is a step-by-step guide on how to get a section 21:
1. Ensure that your tenancy agreement is in order:
Before issuing a Section 21 notice, it is crucial to ensure that your tenancy agreement is up to date and valid. Make sure that the terms of the tenancy agreement comply with the legal requirements for issuing a Section 21 notice, such as providing the tenant with at least two months’ notice.
2. Serve a valid gas safety certificate:
Under the Gas Safety (Installation and Use) Regulations 1998, landlords are required to provide tenants with a valid gas safety certificate at the start of the tenancy and annually thereafter. Before issuing a Section 21 notice, make sure that you have served the tenant with a gas safety certificate to ensure compliance with legal requirements.
3. Protect the tenant’s deposit:
If the tenant has paid a deposit, you are legally required to protect it in a government-approved tenancy deposit scheme within 30 days of receiving it. Before issuing a Section 21 notice, ensure that the tenant’s deposit has been properly protected to avoid any legal pitfalls.
4. Provide the tenant with an Energy Performance Certificate (EPC):
As a landlord, you are required to provide the tenant with an Energy Performance Certificate (EPC) at the start of the tenancy. Before issuing a Section 21 notice, make sure that you have provided the tenant with an EPC to comply with legal requirements.
5. Issue a Section 21 notice:
Once you have ensured that all the legal requirements have been met, you can proceed to issue a Section 21 notice to the tenant. The notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988.
6. Give the tenant at least two months’ notice:
A Section 21 notice must provide the tenant with at least two months’ notice to vacate the property. The notice period must expire after the fixed term of the tenancy or the end of a rental period in the case of a periodic tenancy.
7. Check the validity of the notice:
Before serving the Section 21 notice, double-check that all the information is accurate and that it complies with the legal requirements. Ensure that the notice is served on the tenant in the correct manner, either by hand delivery or by post.
8. Keep a record of service:
After serving the Section 21 notice, make sure to keep a record of the date and method of service. This will be crucial in case you need to prove that the notice was served correctly in the future.
9. Wait for the notice period to expire:
Once the Section 21 notice has been served, you must wait for the notice period to expire before taking any further action. If the tenant fails to vacate the property by the end of the notice period, you may proceed to apply to the court for a possession order.
10. File for possession with the court:
If the tenant refuses to vacate the property after the Section 21 notice has expired, you can apply to the court for a possession order. The court will review the case and, if satisfied that all the legal requirements have been met, grant a possession order for the property.
In conclusion, issuing a Section 21 notice requires careful attention to detail and adherence to legal requirements. By following the step-by-step guide outlined above, you can successfully obtain a Section 21 notice and take possession of your property in a lawful manner.