You can evict tenants who have an assured shorthold tenancy using a Section 21 notice.
It can be used to evict tenants either; after a fixed term tenancy ends – if there’s a written contract; or during a tenancy with no fixed end date – known as a ‘periodic’ tenancy.
There are certain times when a Section 21 notice cannot be used. Most commonly a Section 21 notice will be invalid if you have not given the tenants copies of:
- the property’s Energy Performance Certificate (EPC’s are valid for 10 years).
- the government’s ‘How to rent’ guide. (Hardcopy or email).
- a current gas safety certificate for the property, if gas is installed (copies must be given to tenants every year).
If you have not provided tenants with copies of these documents at the start of the tenancy. You will need to serve copies of these documents to tenants before you give a Section 21 notice.
A Section 21 notice will be invalid if the deposit is not protected in a scheme, or if it was protected late. Tenants will also need to be provided with certain written information before a Section 21 notice is given.
If the rules surrounding tenant deposits have not been followed, then you must return the deposit before submitting a Section 21 notice.
A Section 21 notice must be submitted on Form 6a. It must give the required notice period and names must match the details on the Tenancy Agreement.
In most cases the notice period is at least 2 months. Proof of service and the date of service must be recorded.
It is important to ensure that the correct procedure has been followed before issuing a Section 21 notice as it will protect the notice from being disputed by the tenant or the court.
Jacksons Law Firm can check that the correct procedure has been followed before a Section 21 notice is issued.
If tenants do not leave by the specified date on the Section 21 notice, then an application to the court for a possession order must be made.
For advice regarding evicting tenants please contact a member of our specialist Dispute Resolution and Debt Recovery team.
