If you are a landlord looking to regain possession of your property from a tenant, one of the most common routes to achieve this is by serving a Section 21 notice. This notice, also known as a ‘no-fault eviction’, allows you to regain possession of your property without having to provide a reason for doing so. However, there are strict rules and procedures that must be followed in order to successfully serve a Section 21 notice. In this article, we will guide you through the process of how to get a section 21 notice.
1. Ensure your tenancy is an assured shorthold tenancy
Before you can serve a Section 21 notice, it is important to establish that your tenancy agreement is an assured shorthold tenancy (AST). This type of tenancy is the most common in the private rental sector and typically lasts for a fixed term of six or twelve months. If your tenancy is not an AST, you will not be able to serve a Section 21 notice.
2. Give your tenant a copy of the government’s How to Rent guide
As of October 2015, landlords in England are required to provide their tenants with a copy of the government’s How to Rent guide at the beginning of the tenancy. This guide sets out the rights and responsibilities of both landlords and tenants, and failure to provide it can invalidate a Section 21 notice. Make sure you give your tenant a copy of the guide and keep a record of when and how it was provided.
3. Provide your tenant with a valid gas safety certificate and EPC
Under the Gas Safety (Installation and Use) Regulations 1998, landlords are required to provide their tenants with a valid gas safety certificate before the tenancy begins. Additionally, landlords must also provide tenants with an Energy Performance Certificate (EPC) which rates the energy efficiency of the property. Make sure you have these documents in place before serving a Section 21 notice.
4. Ensure the deposit is protected in a government-approved scheme
If you have taken a deposit from your tenant, it must be placed in a government-approved tenancy deposit scheme within 30 days of receiving it. Failure to do so can result in penalties and can also prevent you from serving a Section 21 notice. Make sure you have protected the deposit and provided the tenant with the prescribed information relating to the scheme.
5. Serve a valid Section 21 notice
Once you have met all the requirements outlined above, you can now serve a Section 21 notice on your tenant. This notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988. The notice must give the tenant at least two months’ notice to vacate the property, and the date specified must be the end date of the tenancy agreement.
6. Consider the impact of Covid-19
It is important to note that due to the Covid-19 pandemic, temporary changes have been made to the rules governing Section 21 notices. Landlords are now required to give tenants at least six months’ notice before seeking possession of the property. Make sure you are aware of the latest regulations and guidelines before serving a Section 21 notice.
In conclusion, getting a Section 21 notice involves following a series of steps and meeting specific requirements. By ensuring that your tenancy agreement is an assured shorthold tenancy, providing tenants with the necessary documents, protecting their deposit, and serving a valid notice, you can successfully regain possession of your property. Remember to stay informed of any changes to the regulations, especially in light of the ongoing Covid-19 pandemic. By following these guidelines, you can navigate the process of serving a Section 21 notice effectively and legally.