The Complete Guide On How To Get A Section 21 Notice

If you are a landlord looking to regain possession of your property, then a Section 21 notice is likely the route you will need to take A Section 21 notice is a legal document that allows a landlord to evict a tenant without giving a reason, as long as certain conditions are met In this article, we will go over the steps you need to take to successfully serve a Section 21 notice and reclaim your property.

1 Understand the Legal Requirements
Before you can serve a Section 21 notice, you need to make sure that you have met all the legal requirements Firstly, you need to ensure that the tenancy agreement is an assured shorthold tenancy (AST) and that the deposit is protected in a government-approved scheme You also need to provide the tenant with a copy of the EPC, gas safety certificate, and the Government’s “How to Rent” guide.

2 Check the Date
A Section 21 notice cannot be served within the first four months of the tenancy Make sure to check the start date of the tenancy agreement and wait until at least four months have passed before serving the notice.

3 Give Proper Notice
The Section 21 notice must give the tenant at least two months’ notice to vacate the property The notice must also be in writing and specify the date on which the tenant is required to leave.

4 Use the Correct Form
In order to serve a Section 21 notice, you must use the correct form In England, this is Form 6A Make sure to fill out the form accurately and provide all the necessary information, such as the address of the property, names of the landlord and tenant, and the date the notice is served.

5 how to get a section 21. Serve the Notice Properly
The Section 21 notice must be served in a certain way in order to be valid It can be served by post or in person, but it is recommended to use a method that provides proof of delivery, such as recorded delivery or hand delivery with a witness Make sure to keep a copy of the notice and proof of service for your records.

6 Give the Tenant Enough Time
After serving the Section 21 notice, you must give the tenant enough time to vacate the property before taking further action If the tenant does not leave voluntarily by the specified date, you will need to apply to the court for an accelerated possession order.

7 Apply to the Court
If the tenant does not vacate the property by the specified date, you will need to apply to the court for an accelerated possession order This is a legal process that allows you to regain possession of the property without a court hearing, as long as the correct procedures have been followed.

8 Attend the Court Hearing (if necessary)
In some cases, the court may require a hearing to decide whether the accelerated possession order should be granted If this happens, make sure to attend the hearing and present any evidence or documentation that supports your case.

9 Regain Possession
Once the court grants the accelerated possession order, the tenant will be required to vacate the property by a certain date If the tenant fails to do so, you may need to apply for a bailiff’s warrant to remove them from the property.

Overall, serving a Section 21 notice can be a complex process that requires careful attention to detail and compliance with legal requirements By following the steps outlined in this article, you can ensure that you serve the notice correctly and reclaim possession of your property in a timely manner.