As a landlord, there may come a time when you need to regain possession of your property from your tenants In the UK, one of the most common ways to do this is by serving a Section 21 Notice This legal document gives tenants at least two months’ notice to vacate the property, as long as certain conditions are met If you find yourself in a situation where you need to serve a Section 21 Notice, here is a step-by-step guide on how to do it properly.
1 Ensure Your Tenancy Agreement Is Valid
Before you can serve a Section 21 Notice, you must ensure that your tenancy agreement is valid This includes making sure that the agreement is in writing, signed by both parties, and includes important details such as the names of the landlord and tenant, the address of the property, the amount of rent, and the length of the tenancy.
2 Check the Type of Tenancy
Not all tenancies are eligible for a Section 21 Notice For example, if the tenancy started before October 2015, it may be an Assured Shorthold Tenancy (AST) which is subject to different rules Make sure you are familiar with the type of tenancy you have before attempting to serve a Section 21 Notice.
3 Give Proper Notice
In order to serve a Section 21 Notice, you must give your tenants at least two months’ notice This notice period must coincide with the end of the fixed term of the tenancy, or if the tenancy is periodic, it must end on the last day of a rental period.
4 Use the Correct Form
When serving a Section 21 Notice, you must use the correct form In England, this is usually Form 6A, which can be found on the government’s website how do i serve a section 21 notice. Make sure to fill out the form accurately and include all the necessary details, such as the date the notice is served and the date on which the tenants are required to vacate the property.
5 Serve the Notice Properly
Once you have filled out the form, you must serve the Section 21 Notice to your tenants This can be done in person, by post, or by email if your tenancy agreement allows for it Make sure to keep a record of how and when the notice was served, as this may be important if the matter ends up in court.
6 Wait for the Notice Period to Expire
After serving the Section 21 Notice, you must wait for the two-month notice period to expire before taking any further action During this time, it is important to communicate with your tenants and try to resolve any issues that may have led to the need for eviction.
7 Apply to the Court
If your tenants do not vacate the property after the two-month notice period has expired, you may need to apply to the court for a possession order This involves filling out the necessary court forms and attending a hearing where a judge will decide whether possession should be granted.
8 Obtain a Warrant for Possession
If the court grants you a possession order, your tenants will be given a specified amount of time to vacate the property If they still refuse to leave, you may need to apply for a warrant for possession, which allows bailiffs to physically remove the tenants from the property.
By following these steps, you can serve a Section 21 Notice in a legal and proper manner Keep in mind that evicting tenants is a serious matter and should only be done as a last resort Communicate openly with your tenants and try to resolve any issues amicably before resorting to eviction.