The procedure is not quite the same as in England. The landlord needs to follow the procedure as outlined below.
The landlord may evict the tenant(s) by using a Section 21 notice either:
- once a fixed-term tenancy has finished if there is a written contract present; or
- during a current tenancy which does not specify an end date, which is commonly referred to as a periodic tenancy.
A landlord is not permitted to use a Section 21 notice in certain circumstances, such as when:
- it has been no more than six months since the beginning of the tenancy,
- the fixed term agreed on has not yet ended,
- the property is considered to be a house which is multiple occupation (HMO) and does not have a council-issued HMO licence,
- the specific council has in the last six months issued an improvement notice for the property,
- the specific council has in the last six months issued a notice saying it intends to carry out emergency works on the property,
- the tenancy started after April 2007 and the tenant’s deposit has not been put into a deposit protection scheme, or
- the landlord does not have a landlord’s licence.
The landlord is not permitted to use a Section 21 notice if he or she has not handed their tenants copies of important documents for the property such as:
- an up-to-date gas safety record,
- an energy performance certificate (EPC), or
- the government’s ‘How to Rent’ guide.