As a landlord, it is crucial to be familiar with the various legal procedures and requirements involved in managing rental properties. One such procedure that landlords often use to regain possession of their property is the section 21 procedure. This article will provide an overview of the section 21 procedure, including its requirements and steps for implementation.
What is the section 21 procedure?
The Section 21 procedure is a legal process that allows landlords in England to evict tenants without having to provide a reason for doing so. This procedure is commonly used by landlords who wish to take back possession of their property at the end of a fixed-term tenancy agreement or during a periodic tenancy. It is important to note that the Section 21 procedure can only be used if the landlord has complied with all relevant legal requirements, including providing the tenant with the required notice period.
Requirements for serving a Section 21 notice
Before a landlord can serve a Section 21 notice on their tenant, certain requirements must be met. These requirements include:
1. The tenancy agreement must be an assured shorthold tenancy (AST) – The Section 21 procedure can only be used for ASTs, which is the most common type of tenancy agreement in England.
2. The deposit must be protected in a government-approved scheme – Landlords are required to protect their tenant’s deposit in a deposit protection scheme and provide the tenant with prescribed information about the scheme within 30 days of receiving the deposit.
3. The tenant must have been provided with the latest version of the government’s How to Rent guide – Landlords are required to provide their tenants with the latest version of the How to Rent guide at the beginning of the tenancy.
4. The landlord must give the tenant at least two months’ notice in writing – Landlords must provide their tenants with a written notice stating that they wish to regain possession of the property and specifying the date on which possession is required. The notice period must be at least two months.
Steps for implementing the Section 21 procedure
Once the above requirements have been met, landlords can proceed with implementing the Section 21 procedure by following these steps:
1. Serve the Section 21 notice on the tenant – Landlords must serve the Section 21 notice on their tenant in writing, clearly stating that they wish to regain possession of the property and providing the required two months’ notice period. The notice must be served in accordance with the terms of the tenancy agreement and must specify the date on which possession is required.
2. Wait for the notice period to expire – Once the Section 21 notice has been served, landlords must wait for the two months’ notice period to expire before taking any further action. During this time, landlords should not attempt to evict the tenant or harass them in any way.
3. Apply to the court for a possession order – If the tenant has not vacated the property by the date specified in the Section 21 notice, landlords can apply to the court for a possession order. The court will review the case and, if satisfied that all legal requirements have been met, will issue a possession order granting the landlord possession of the property.
4. Enforce the possession order – Once a possession order has been granted, landlords can take steps to enforce it and regain possession of their property. This may involve using bailiffs to evict the tenant if they refuse to leave voluntarily.
In conclusion, the Section 21 procedure is a useful legal tool for landlords wishing to regain possession of their property without having to provide a reason for doing so. By understanding the requirements and steps involved in the Section 21 procedure, landlords can ensure a smooth and efficient eviction process. If you are a landlord considering using the Section 21 procedure, it is advisable to seek legal advice to ensure compliance with all relevant laws and regulations.