If you are a landlord in the UK looking to evict your tenants, you may need to issue them a Section 21 notice, also known as a “no-fault eviction.” This legal document is used to end an assured shorthold tenancy (AST) agreement without giving a specific reason. However, obtaining a Section 21 notice is not as simple as just serving the notice to your tenants. There are specific steps that you must follow to ensure that your eviction is valid and legally sound. Here is a step-by-step guide on how to get a section 21 notice:
1. Check if you can use a Section 21 notice
Before issuing a Section 21 notice, make sure that you are eligible to do so. You can only use a Section 21 notice if your tenancy is an AST and your tenants have a written agreement. Additionally, you must provide your tenants with a copy of the government’s “How to rent” guide and fulfill all legal obligations, such as protecting the tenant’s deposit in a government-approved scheme.
2. Give your tenants the required notice
To start the eviction process, you must provide your tenants with the required notice period. The notice period must be at least two months, and it cannot expire before the end of the fixed term of the tenancy agreement. If your tenancy is periodic, the notice must end on the last day of a rental period.
3. Complete the Section 21 notice form
You can draft your own Section 21 notice form or use a template provided by the government. Make sure to include all the necessary information, such as the address of the property, the names of the tenants, and the date by which they must vacate the premises.
4. Serve the Section 21 notice correctly
Once you have completed the Section 21 notice form, you must serve the notice to your tenants correctly. You can do this by delivering the notice by hand, sending it through the mail, or posting it on the property’s door. Make sure to keep proof of service, such as a postal receipt or a witness statement.
5. Wait for the notice period to expire
After serving the Section 21 notice to your tenants, you must wait for the notice period to expire. During this time, your tenants have the opportunity to leave the property voluntarily. If they do not vacate the premises by the specified date, you can proceed with the eviction process.
6. Apply for a possession order
If your tenants refuse to leave the property after the notice period has expired, you can apply for a possession order from the court. You will need to complete the court forms and pay the required fee. The court will review your case and schedule a hearing to determine whether you are entitled to possession of the property.
7. Attend the court hearing
On the date of the court hearing, both you and your tenants must attend the proceedings. The judge will listen to both parties’ arguments and evidence before making a decision. If the judge rules in your favor, they will issue a possession order, giving your tenants a specified period to leave the property.
8. Obtain a bailiff’s warrant
If your tenants still refuse to vacate the premises after receiving the possession order, you can apply for a bailiff’s warrant to forcibly evict them. The bailiffs will attend the property and remove the tenants along with their belongings.
In conclusion, obtaining a Section 21 notice is a complex process that requires careful planning and adherence to legal requirements. By following the steps outlined in this guide, you can successfully evict your tenants using a Section 21 notice. Remember to seek legal advice if you are unsure about any aspect of the eviction process to ensure that your actions are lawful and ethically sound.