If you are a landlord looking to evict a tenant in England, one of the most common forms you will come across is the s21 notice form. This form, also known as a Section 21 Notice, is a legal document that allows landlords to regain possession of their property without providing a reason. In this article, we will discuss everything you need to know about the s21 notice form, including when to use it, how to serve it, and what to do if your tenant refuses to leave.
What is a s21 notice form?
A s21 notice form is a notice that a landlord must serve to a tenant to evict them from a property. It is called a Section 21 Notice because it is based on Section 21 of the Housing Act 1988. This notice allows landlords to evict a tenant without having to prove that the tenant has breached the tenancy agreement. Landlords can serve a s21 notice form at any time during the tenancy, as long as certain conditions are met.
When to use a s21 notice form
Landlords can use a s21 notice form to evict tenants who are on an assured shorthold tenancy. This is the most common type of tenancy agreement in England. A s21 notice form cannot be used if the tenancy is not an assured shorthold tenancy or if the fixed term of the tenancy has not yet ended. Landlords must also have protected the tenant’s deposit in a government-approved scheme and provided the tenant with the required documentation before serving a s21 notice form.
How to serve a s21 notice form
To serve a s21 notice form, landlords must follow certain procedures. The notice must be in writing and clearly state that it is a s21 notice form. It must also provide the tenant with at least two months’ notice to vacate the property. Landlords can serve the notice in person or by post. If serving by post, landlords should use a method that provides proof of delivery, such as recorded delivery or email with a read receipt.
What to do if your tenant refuses to leave
If a tenant refuses to leave after receiving a s21 notice form, landlords must apply to the court for a possession order. There are two types of possession orders that landlords can apply for: a standard possession order and an accelerated possession order. A standard possession order is used when a tenant has not left the property by the specified date in the s21 notice form. An accelerated possession order is used when a tenant has not left the property after the fixed term of the tenancy has ended.
When applying for a possession order, landlords must provide the court with evidence that they have followed the correct procedures and that the s21 notice form was served correctly. If the court grants the possession order, the tenant will be given a date by which they must leave the property. If the tenant still refuses to leave, landlords can apply for a warrant of possession, which allows bailiffs to physically remove the tenant from the property.
In conclusion, the s21 notice form is a powerful tool that landlords can use to evict tenants from their properties. However, it is important to follow the correct procedures and ensure that all requirements are met before serving the notice. If you are a landlord in England looking to regain possession of your property, the s21 notice form may be the right option for you.