A Section 21 eviction notice can be served to a tenant for a variety of reasons. For example, it may be used to end the tenancy when the fixed term has come to an end or if the tenant has breached their tenancy agreement.
If you need to evict your tenant because they have fallen into rent arrears, then you’ll need both a section 8 and section 21 eviction notice. Section 21 eviction process follows the following procedure:
Step 1. Give notice
Once your fixed term tenancy has come to an end, or if your tenant has breached the tenancy agreement and you want to take action, you need to issue them with a section 21 eviction notice. The notice should tell them that they don’t have any more time on their original tenancy agreement and must leave by the end of the notice period (the date will be given). You then need to wait until that time before taking further action such as applying for a court order. This is often referred to as receiving vacant possession of the property.
Step 2. Apply for a Possession Order
After receiving vacant possession of the property, if you still wish your tenant(s) to leave you to need to apply for a court order. If the tenant(s) still do not leave after receiving your Possession Order, then you’ll need to contact the Bailiffs for assistance in evicting them from the property.
Step 3. Invite the bailiffs
If your tenant(s) have not left by the date on your Possession Order, then you’ll be able to contact a Bailiff who will inform them that they need to leave. The Bailiff will physically remove your tenants from the property and change the locks so that they cannot access it again.
Step 4. Re-key locks
Once you’ve obtained vacant possession of the property, you should always re-key all of the locks. This is important as it means that any new tenants who come into occupation won’t be given keys to the previous tenant’s old room (unless of course, you release these keys). It also helps to prevent any intruders from gaining access via an insecure window or door.
Step 5. Serve section 8 eviction notice
If you want to serve another fixed-term tenancy agreement, then the section 21 eviction process is no longer applicable and you will need to use a section 8 eviction notice instead. This may be done in conjunction with fixing any damages (which includes any unpaid rent) once the tenant has vacated.
A section 21 notice can be used to end a tenancy at the end of a fixed-term or for non-payment of rent. This section also sets out how you, as the landlord, should use this type of notice and what its requirements are.
The procedure for evicting tenants using section 21 notices is straightforward, but certain steps must be followed in order to avoid any unnecessary delays. At LANDLORD Lawyers we offer expert legal advice to landlords, which will ensure that you are fully aware of your responsibilities and the correct procedure for evicting your tenant(s).