If you are a landlord who is looking to regain possession of your property from tenants, you may need to consider obtaining a Section 21 order. A Section 21 notice is a legal document that landlords can use to evict tenants without having to provide a reason. This can be a useful tool for landlords who need to repossess their property for various reasons, such as selling the property or moving in themselves. Here is a guide on how to get a section 21 order.
1. Check your eligibility
Before you can apply for a Section 21 order, you need to ensure that you are eligible to do so. In order to serve a Section 21 notice, you must have protected your tenant’s deposit in a government-approved deposit protection scheme and provided them with a copy of the “How to Rent” guide. You also need to be sure that your tenancy agreement is an assured shorthold tenancy (AST) and that you have followed all the proper procedures for ending a tenancy.
2. Serve the Section 21 notice
Once you have checked your eligibility, you can proceed with serving the Section 21 notice to your tenants. You must provide your tenants with at least two months’ notice before the date you want them to vacate the property. The notice must be in writing and clearly state that you are seeking possession of the property under Section 21 of the Housing Act 1988.
3. Check the notice period
It is essential to ensure that you are providing your tenants with the correct notice period when serving a Section 21 notice. The notice period will depend on the type of tenancy agreement you have with your tenants. For ASTs that started on or after 1 October 2015, the notice period is a minimum of two months. However, for ASTs that started before this date, the notice period may be longer. Make sure to double-check the notice period requirements before serving the notice.
4. Consider using a professional service
If you are unsure about the process of obtaining a Section 21 order or if you want to ensure that everything is done correctly, you may want to consider using a professional service. There are many companies and solicitors who specialize in landlord services and can help you navigate the legalities of serving a Section 21 notice. While using a professional service may incur additional costs, it can save you time and hassle in the long run.
5. Attend court if necessary
If your tenants refuse to vacate the property after receiving the Section 21 notice, you may need to attend court to obtain a possession order. This can be a stressful and time-consuming process, but it is often necessary to regain possession of your property legally. Make sure to gather all the necessary evidence and documentation to support your case before attending court.
6. Follow the correct procedures
When applying for a Section 21 order, it is crucial to follow all the proper procedures to avoid any complications or delays. Make sure to serve the notice correctly, provide your tenants with the correct notice period, and keep a record of all communication with your tenants. By following the correct procedures, you can increase the chances of successfully obtaining a Section 21 order.
In conclusion, obtaining a Section 21 order can be a complex and challenging process for landlords. However, by following the steps outlined above and seeking professional help if needed, you can navigate the process successfully. Remember to check your eligibility, serve the notice correctly, and follow all the proper procedures to increase your chances of obtaining a Section 21 order.