Free Section 21 Notice Template
Section 21 Notice Template
Under the Housing Act 1988, a landlord who has agreed an assured shorthold tenancy has a legal entitlement to obtain their property back at the end of a tenancy. To be able to takeadvantage of this right, landlords are required to adhere to aprecise legal procedure, which includes theserving of a Section 21 Notice to their tenants(i.e. served under Section 21 of the Housing Act 1988).
There are two types of Section 21 Notices. The first is formatted explicitly for notices served before the end of the fixed term and this is known as the Section 21 (1) (b) Notice. The second type is called a Section 21 (4) (a) Periodic Term Tenancy Notice and is used to show that the landlord wishes to end aperiodic term tenancy. Bothtypes must provide the tenant with at least two months notice in writing. Landlords would be sensibleto make use of a specifically formatted Section 21 Notice Template to make sure that the form is filled in accurately, that no technicalities have been neglectedor any information omitted;and is therefore legally binding. The landlord can serve the Section 21 Notice at any point in time.
Section 21 Notice Template…
The notice should be signed and dated by the landlord, who should make a number of copies and serve the notice in person, as this is the best way to make sure that tenantsacceptit and understand it. If you are drawing up an eviction notice, then a Section 21 Notice Template willguide you and will give your noticea professionalappearance.
Before landlords can start any re-possession proceedings, they will need to research all they can about the process of an eviction and how to apply the rules,to ensure that the eviction notice is set correctly in place.If you serve the notice before the end of the fixed term, this will include the last day of the fixed term and the notice must give a notice period of at least 2 months.
Should you serve the notice after the fixed term, i.e. during a periodic tenancy, there is an additional requirement. The Section 21 Notices must still give the tenant a notice period of no less than 2 months. However, the notice should give a date which must be the last day of a period of the tenancy. If this date is wrong, the notice will be invalid, and any claim for possession based on it cannot be enforced. It is for all these reasons that that a specially prepared Section 21 Notice Template should be used.
Section 21 Notice Template Notes…
An important point about a Section 21 Notice template is that it permits the landlord to repossess their property as of right but serving a Section 21 Notice may only be used to regain possession of a property at the end of an assured shorthold tenancy. It cannot be used to speed up possession during the fixed terms agreed and landlords should use a Section 8 Notice in these circumstances.
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