If you’re a landlord in the UK and you want to regain possession of your property, issuing a section 21 notice is an important step you’ll need to take. A Section 21 notice is a legal document that allows landlords to evict tenants without giving a reason, as long as certain conditions are met. In this article, we’ll discuss what a Section 21 notice is, when and how to issue one, and what to do if your tenant doesn’t leave.
What is a Section 21 Notice?
A Section 21 notice, also known as a “no-fault eviction notice,” is a notice served by landlords to tenants to regain possession of a property at the end of an assured shorthold tenancy agreement. Unlike a Section 8 notice, which is used when a tenant has breached the terms of the tenancy agreement, a Section 21 notice does not require the landlord to provide a reason for the eviction.
When Can You Issue a Section 21 Notice?
In order to issue a Section 21 notice, certain conditions must be met. These include:
1. The tenancy must be an assured shorthold tenancy (AST).
2. The tenancy must be in writing.
3. The tenant must have been given the required documents, including a copy of the government’s “How to Rent” guide.
4. The tenant’s deposit must be protected in a government-approved deposit protection scheme.
5. The landlord must give the tenant at least two months’ notice in writing.
How to Issue a Section 21 Notice
Issuing a Section 21 notice involves the following steps:
1. Check that all the conditions for issuing a section 21 notice have been met.
2. Fill out the Section 21 notice form (Form 6A) with all the required information, including the date the tenant must leave the property.
3. Serve the notice to the tenant(s) either by hand or by post. It’s advisable to use a method that provides proof of delivery.
4. Keep a copy of the Section 21 notice for your records.
What to Do If Your Tenant Doesn’t Leave
If your tenant doesn’t leave the property by the date specified in the Section 21 notice, you can apply to the court for a possession order. There are two types of possession orders available:
1. Standard Possession Order: This is the most common type of possession order and is used when a tenant hasn’t left the property by the specified date in the Section 21 notice. The court will set a date by which the tenant must leave the property, usually within two to six weeks.
2. Accelerated Possession Order: This type of possession order is used when the tenant hasn’t left the property by the specified date in the Section 21 notice and the landlord is not seeking rent arrears. The court will usually make a possession order without a hearing, making the process quicker.
It’s important to note that landlords must follow the correct legal procedures when evicting tenants, as failing to do so can lead to delays and extra costs. If you’re unsure about the process of issuing a section 21 notice or applying for a possession order, it’s recommended to seek legal advice.
In conclusion, issuing a Section 21 notice is a necessary step for landlords who want to regain possession of their property at the end of an assured shorthold tenancy agreement. By following the correct procedures and ensuring all the conditions are met, landlords can carry out a smooth eviction process. If tenants fail to leave the property by the specified date, landlords can apply to the court for a possession order to reclaim their property.