If you are a private landlord who is wanting to evict a tenant from a property, you must follow strict procedures in order to execute this action lawfully.

Our experienced dispute resolution team understand these strict procedures and we are dedicated to ensuring we provide friendly and professional advice throughout your case.

What is a Section 21 Notice?

A Section 21 Notice, sometimes referred to as a non-fault eviction, makes reference to the relevant section of the Housing Act 1988 under which you are seeking to evict your tenant. The Notice is the first step in the formal process of notifying your tenant that you are seeking to evict them.

These Notices are the most commonly used when a landlord is seeking to regain possession of a rented property.

Can I serve a Section 21 Notice on my tenant?

In order to serve a valid Section 21 Notice on your tenant the following must apply:-

• Be an Assured Shorthold Tenancy (AST)
• Be in a written format
• The fixed term has expired (exemptions apply)
• The tenant has been provided with a copy of Governments “How to Rent – The Checklist for renting in England”
• A copy of the gas safety certificate (if applicable)
• A copy of the Energy Performance Certificate
• A copy of the Electrical Installation Condition Report
• If a deposit was paid – information about the scheme where the deposit is held and a copy of the certificate proving this has been protected

What if I do not meet all of the above criteria – can I still evict my tenant?

Obtaining expert legal advice quickly is important and a solicitor can give you the support and guidance that you will require during this time. If you do not meet all of the above criteria our dispute resolution team have the knowledge to provide you with professional and friendly advice on how you can still lawfully evict your tenant.

What if my tenant does not leave at the end of the Notice period?

If your tenant fails to vacate the property at the end of the notice period given in the Section 21 Notice then the next step is to issue formal County Court Proceedings. This is the process you will need to follow in order to obtain a Court Order informing the tenant they must vacate, and if they do not then you will have the legal right to instruct Court Bailiffs to attend and take possession of the property.

How we can help

At Elliot Mather, our dedicated Dispute Resolution team offer friendly and professional advice with continuity of representation throughout your case.

The level of help you would like from us is entirely up to you. Our team members are all experienced in advising individuals on their specific circumstances

Location 

Our Solicitors are able to provide expert advice across the country with a network of offices based in: Chesterfield, Nottingham, Mansfield and Derby.

How to get in contact 

Our team are on hand to help you and can assist wherever you are based. Please call us for a no-obligation, initial discussion on 0330 333 2613 or email enquiries@elliotmather.co.uk and we will call or email you back.

• Litigation