If you’re a landlord looking to regain possession of your property from tenants for reasons such as selling the property, moving in yourself, or simply wanting to end the tenancy agreement, you may need to serve a Section 21 notice This notice is used to end an assured shorthold tenancy (AST) agreement legally Read on to learn how to get a Section 21 notice and the steps involved in the process.
1 Understand the Section 21 Notice
Before serving a Section 21 notice, it’s essential to familiarize yourself with the requirements and criteria A Section 21 notice can only be used to regain possession of a property let under an AST It cannot be used if your tenants have not received the government’s “How to Rent” guide, the property is not licensed where it should be, or if you have failed to protect the tenant’s deposit in a government-approved scheme.
2 Check Your Tenancy Agreement
Review the terms of your tenancy agreement to ensure that the fixed term has ended or is due to expire A Section 21 notice cannot be served during the fixed term of an AST unless there is a break clause that allows for this If the fixed term has ended and the tenancy is now periodic (rolling from month to month or week to week), you can serve a Section 21 notice.
3 Provide Proper Notice Period
Make sure you provide the correct notice period when serving a Section 21 notice The notice period is typically a minimum of two months, and the notice must expire after the fixed term has ended or should end Ensure that the notice is served in writing and includes all the necessary information such as the full names of tenants and property address, the date the notice is served, and the date the tenants are required to vacate the property.
4 Use the Correct Form
When serving a Section 21 notice, you must use the correct form There are two different Section 21 notice forms – Form 6A for properties in England and Form 6A for properties in Wales Make sure you are using the appropriate form for the location of your property how to get section 21 notice. These forms can be found on the government’s website or obtained from a legal professional.
5 Serve the Notice Correctly
It’s crucial to serve the Section 21 notice correctly to ensure it is legally valid You can serve the notice by post, in person, or through a professional process server If serving by post, use recorded delivery and keep proof of postage If you are serving in person, make sure to have a witness present Serving the notice correctly is vital to avoid any disputes or challenges from tenants.
6 Consider Offering an Incentive
If you are looking to regain possession of your property due to wanting to sell it or move in yourself, consider offering your tenants an incentive to vacate the property willingly This can include offering a sum of money towards moving costs, helping find alternative accommodation, or providing extra time to find a new rental property Incentives can help make the process smoother and more amicable for both parties.
7 Seek Legal Advice if Needed
If you are unsure about any aspect of serving a Section 21 notice or if you encounter any difficulties with your tenants, it’s advisable to seek legal advice from a solicitor or housing law expert They can provide guidance on the process, help draft the notice, and represent you in court if necessary Legal advice can ensure that you are following the correct procedures and protecting your rights as a landlord.
In conclusion, getting a Section 21 notice involves understanding the legal requirements, providing the correct notice period, using the appropriate form, serving the notice correctly, and considering offering incentives to tenants By following these steps and seeking legal advice if needed, landlords can regain possession of their property in a lawful and efficient manner.